A aplicação interativa de técnicas processuais para o adequado tratamento das situações de crise patrimonial: as interfaces entre o procedimento de recuperação judicial e o procedimento da lei do superendividamento

• Ano de defesa: 2023
• Autor(a) principal: Coser, Joana Vivacqua Leal Teixeira de Siqueira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Espírito Santo; BR; Mestrado em Direito Processual; Centro de Ciências Jurídicas e Econômicas; UFES; Programa de Pós-Graduação em Direito Processual
• Palavras-chave em Português: Flexibilidade procedimental; Técnicas processuais; Aplicação Interativa; Recuperação Judicial; Superendividamento; subject.br-rjbn; Direito Processual Civil
• Link de acesso: http://repositorio.ufes.br/handle/10/17186

This dissertation aimed to identify procedural techniques of judicial recovery procedures and the Over-indebtedness Law, and the interfaces between those special procedures, from the point of view of compatibility and efficiency. This object is closely linked to Justice, Process and Constitution PPGDIR’s concentration area and Process, Techniques and Protection of Existential and Patrimonial Rights line of research, insofar as the process is analyzed in the light of contemporary constitutionalism, based on the constitutional values and principles that guide it, in search of the realization of the protection of rights and scope of Justice. The starting point was the problem of the existing dichotomy between the systems of bankruptcy and judicial recovery of the company and the system of insolvency of the natural person, which was recently modified with the Law of Over-indebtedness, in order to find out if the interactive application of procedural techniques between the judicial recovery procedures and the Over-indebtedness Law is feasible, with a view to the adequate treatment of the debtor's asset crisis and the creation of a greater coherence system. The objective of the investigation was to demonstrate the possibility of transporting techniques between procedures aimed at reorganizing liabilities and restructuring the debtor, in a free transit, under the light of compatibility and efficiency. For that, it was based on the methodological rupture of the current civil procedural law, marked by procedural flexibility and atypicality that make possible the displacement and adaptation of procedural techniques. For the research, different legislations that institute systems of debt restructuring and debtor reorganization were analyzed, as well as systematized special techniques arranged therein, in order to finally identify techniques that could be exported or imported and applied interactively. It was concluded that it is not only viable, but also positive, the interactive application of procedural techniques between judicial recovery procedures and the Over-indebtedness Law, in a two-way street, regardless of the existence of regulatory gaps, as long as they are compatible and efficient, an interaction that can also take place in relation to other procedures that establish a creditor contest.