O papel do judiciário na recuperação judicial

Abstract

This paper offers an analyses of the role of the judge in the judicial reorganization of enterprises in crisis. Departing from the justification of the State intervention in the insolvency frame, the foccus gets into the classification of acts incumbent to the judge, detects some examples in the text of the Bankruptcy and Judicial Reorganization Act, enacted in 2005, and concludes on the absolute need of the judge activity in conducting and deciding fact and legal issues until the final convincement of it being the case of recovering the enterprise in the market it performs or liquidating it, as a better mean of solving its insolvency situation. The role of the judge is also considered in contrast to the power of creditors in the judicial reorganization proceedings, without abandoning the main goal stated in article 47 of the Brazilian Bankruptcy and Judicial Reorganization Act.