Ativismo judicial no processo de recuperação judicial: uma nova concordata?

• Ano de defesa: 2017
• Autor(a) principal: Gomes, Bruno Yohan Souza
• Orientador(a): Godoy, Luciano de Souza
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Concordata; Recuperação judicial de empresas; Intervenção judicial; Poder de decisão dos credores
• Palavras-chave em Inglês: Law of bankruptcy; Judicial recovery companies; Cram down; Judicial intervention; Power of decision of the creditors
• Link de acesso: http://hdl.handle.net/10438/18400

With the advent of Law No. 11.101/2005, the institute of judicial recovery of companies was created, replacing the institute in force until then, the law of bankruptcy. Important differences mark the institutes, the most relevant is the power of creditors to decide about the major issues of the company in recovery, among which, the own company recovery. Clearly the decision power migrated from Judiciary (law of bankruptcy) to creditors (judicial recovery), being allowed to the first to intervene only in the specific situation of the cram down. However, in practice many judges have intervened in the judicial recovery process, with support in different arguments, which has affected the essence of recovery institute that is exactly the power of creditors in the company in crisis. This is the main point that will be discussed in the course of this work.