Publicação da declaração de falência em meios oficiais: análise das mudanças introduzidas pela lei n. 14.112/2020, acerca da necessidade das publicações ordenadas serem feitas preferencialmente na imprensa oficial

Abstract

Since Roman Law, the Bankruptcy Institute has occupied a position of paramount importance for Business Law, as it is the branch that takes care of the guarantee of creditors in the event of an unavoidable crisis. Bankruptcy is, therefore, a process of collective execution of the business debtor's assets, with the proportional distribution of the result among all creditors, which promotes the withdrawal of the debtor from its activities, and whose declaration must be made in official means, as required. of Law No. 11,101/2005. However, with the reform, implemented by Law No. 14,112/2020, this requirement persists in the Brazilian bankruptcy system. Faced with this factor, we seek to understand the divergence between the maintenance of this imposition and the innovations arising from Law No. of the bankruptcy process in official media, a fact that diverges from the Digital Age in which the subjects involved in this process are inserted. The hypothetical-deductive and bibliographic research are used as methodologies, through the analysis of books, legal articles, websites, international documents, legislation and jurisprudence. Among the results, it was possible to conclude that the technological advance is beneficial for society and democratic, reaching the interested parties wherever they are, and therefore, the Bankruptcy Law must readjust to this reality, instead of coercing the debtor who has already finds itself in a degrading situation to certain demands that are no longer justifiable.