Controle jurisdicional do plano de recuperação judicial

Abstract

The purpose of this work is to analyze the judicial control of the judicial recovery plan, considering that article 58 of Law 11.101 of 2005 (BRASIL, 2005) provides that there is no objection to the judicial recovery plan presented by the Debtor or having it obtained approval from creditors when they are reached established quorums, it will be up to the magistrate to ratify it. Initially, the concept of the judicial recovery will be introduced, its historical evolution, its purposes, as well as the phases of the process. In the following chapter, we chose to explain a little about the judicial recorery plan (its elements and approval requirements), because to defend control over something, it is essential to know the real form that this something must have. In the following chapter, it is explained about the general meeting of creditors, a body that gained great "power" with the institution of Law 11.101 of 2005, since it has the great responsibility of deciding on the approval or rejection of the judicial recovery plan presented by the debtor. Finally, in the last chapter, it will be exposed that there are two types of control possible to be carried out by the magistrate in the judicial recovery plan. The first is the legality control, which consists of verifying whether the plan presented is in accordance with the precepts brought by Law 11.101/2005 and with the principles and rules of the entire Brazilian legal system. This control must be carried out, as the judicial recovery plan, like any kind of legal business, must comply with legal parameters. The second control that can be performed is the merit control, referring to the analysis of the economic viability of the judicial recovery plan. It will be argued that this second type of control can only be carried out in the event of an evidently inconsistent plan being presented, and the magistrate cannot intervene on the merits of the plan with regard to the analysis of negotiation clauses.