A extensão dos legitimados para pleitear a recuperação judicial e a necessidade de regulamentação específica à luz da lei 11.101/2005

Abstract

This article aims to study the possibility of expanding the list of people covered by the judicial reorganization institute contained in Law ll.lOl/2005. Firstly, important key concepts for the judicial reorganization institute will be introduced, as well as its founding principles. This is followed by a discussion of the legislative reform that took place during the COVID-l9 pandemic, including the opinions that underpinned the legislative process, the concept of economic agent, and how it has been adopted in court decisions. Afterwards, the reasons for and against the extensive application of the judicial recovery institute to non-entrepreneurial economic agents will be analyzed, based on a principled analysis, especially on the social function of the company. Finally, based on qualitative research, with a descriptive and exploratory purpose, including bibliographical and documentary research as a methodology, it reaches the conclusion that the expansion of the list of people entitled to file for judicial reorganization is in line with the guiding principles of the Brazilian legal system, but it must be enforced by de lege ferenda so that there is uniform application in the courts, thus guaranteeing material equality between economic agents and greater legal certainty for the system.