A legitimidade ativa de associações sem fins lucrativos na recuperação judicial: o caso do Grupo Educacional Metodista

Abstract

The Brazilian bankruptcy law is governed by Law 11.101/2005, the Judicial Recoveries and Bankruptcy Law, whose main purpose is to recover and maintain the business economic activity, ensuring the exercise of its social function. From the understanding of what the bankruptcy and judicial recovery institutes are and who the entrepreneur and the enterprise are, it is clear that the Brazilian legal system, despite functionally considering the enterprise as an economic activity, imposes several formal restrictions on access to the institutes of bankruptcy law. However, the jurisprudence today turns to an expanding approach that considers the factual situation of the exercise of business activity to legitimize the subjects of bankruptcy law. Considering this situation, the purpose of this article is to analyze the legitimacy for judicial recovery, considering the legal formalities and, mainly, the jurisprudential tendency to move away from these formalities and approach the modern concept of the enterprise as an activity, dealing specifically with the situation of non-profit civil associations, using the case of the Methodist Educational Group to do so. Bibliographic research is used as methodology, through the analysis of books, legal articles, websites, legislation and jurisprudence. Among the results, it is concluded that the jurisprudential tendency to legitimize those who exercise business activity is increasingly stronger, but still requires greater regulation to ensure legal certainty.