Crise econômica e (in)eficácia da recuperação judicial.

Abstract

The present monograph demonstrates how a process of judicial recovery is developed, aiming to overcome the crises in Brazilian companies, to ensure the fulfillment of their social and economic function. In addition, an analysis is made based on Law no. 11.101 / 2005 and national and local data, with the aim of reveal the main obstacles of the law, what needs to be changed and what can continue to be put into practice. Nevertheless, the historical factors regarding insolvency and its evolution over time are also highlighted. During the making of this research, the hermeneutical method was used, through bibliographical, jurisprudential and statistical research. With the studies carried out, it was possible to understand how judicial recovery works and its deficiencies inherited by the gaps, contradictions and bad guidelines of the law. It is noticeable that recovery plans are often blocked by a majority that does not even have the real interest of seeing the company rehabilitated and, because of that, the recoveries last much longer than the one supported. The reform of the legislation is a measure that is imposed in the current economic scenario, due to the weakening of companies through the insurgent crises that comes up, the workers who became homeless and the Brazilian economy that has not long serve as a model for other countries.