Processo de recuperação judicial da empresa : a atuação efetiva dos credores nos termos da Lei 11.101/2005 e o mecanismo do cram down.

Abstract

The following thesis has the institute of a company’s judicial reorganization and the possibility of the use of cram down mechanism as its theme in front of the primary purpose of that institute and, it has as the goal to analyze the Law n. 11.101/2005 and to comprehend the benefits of the cram down mechanism in companies judicial recoveries. In that context, the problematic faced consists on the moment in which the judicial recovery is not approved by the creditors and the judiciary power has to interfere. The research’s object issue is to know if the creditors general assembly contrary decision has validity or not and which institute’s fundament and correct and specific nomenclature the judge can use? To manage that, the deductive method will be used. Lastly, it can be affirmed that the cram down mechanism does exist in the Law n. 11.101/2005. It can not be found with the same nomenclature, but the judge’s possibility to interfere in a judicial recovery process to approve a plan is considered the same in the North American legislation.