Recuperação judicial e função social da empresa: o novo contexto falimentar brasileiro

Abstract

The law nº 11.101/2005 granted a new outline to the brazilian bankruptcy legislation, dissolving the context guided by the decree-law nº 7.661/45. In this new context, still defining itself, which gives relevance and topicality to the theme, the Judicial Recovery Institute has emerged as a novelty, adapting the Bankruptcy Law to the current trends and the concept of enterprise and its relationship with society. Moreover, the institute mentioned replaced another, the Concordat, so far unsuccessful. Thus, this research aims to deepen the institute of Judicial Recovery and the Enterprise Social Role in order to point out the reasons why the new bankruptcy legislation appears more appropriate. To do so, makes the use of the deductive method and the comparative-historical procedure, as well as the documentary sources (scientific articles, related legislation, electronic sites) and the corresponding doctrine.