A prisão preventiva do falido

Abstract

This paper aims to analyze the bankruptcy institute under Brazilian law, with a particular focus on the preventive detention of the bankrupt individual. The Brazilian Bankruptcy Law encompasses various conducts classified as criminal offenses and also provides for the possibility of ordering the preventive detention of the bankrupt party. In situations involving bankruptcy or judicial reorganization, the precautionary arrest of the bankrupt individual raises several controversial issues that warrant thorough examination. This study seeks to explore the legal requirements for this type of detention as established in the general procedural framework, namely, the Brazilian Code of Criminal Procedure. Furthermore, it aims to investigate the constitutionality of the preventive detention of the bankrupt individual, examine whether a formal request is necessary for its imposition, identify the judicial authority competent to issue such an order, and assess whether the arrest may be decreed even in the absence of a pending criminal case or ongoing police investigation. Following this theoretical analysis, the paper will present a practical case in which a precautionary detention measure was imposed against a prominent businessman.