A recuperação extrajudicial e sua subutilização no Brasil: uma alternativa pouco explorada na efetividade da recuperação empresarial

Abstract

An inquiry into out-of-court reorganization and its underutilization in Brazil: an underexplored alternative for effective corporate recovery. The general objective is to analyze the causes of the low use of extrajudicial reorganization within the Brazilian legal system, as well as to assess its potential as an efficient mechanism for overcoming business crises. The specific objectives aim to examine the current regulatory framework, identify the main obstacles to the practical implementation of the mechanism, evaluate the impact of the recent changes introduced by Law 14,112/2020, and investigate the role of dejudicialization in the effectiveness of corporate recovery tools. It was found that, despite legislative innovations that have made the mechanism more accessible and efficient, extrajudicial reorganization remains underutilized due to cultural, structural, and procedural factors, such as a strong litigation culture, creditor resistance, and the lack of standardized procedures. It is concluded that strengthening a negotiation-based culture, promoting consensual practices, and improving the institutional environment are essential steps toward consolidating extrajudicial reorganization as a viable and effective alternative for overcoming business crises in Brazil.