A sustentabilidade econômica no plano de recuperação judicial como garantia da função social da empresa

Abstract

This research aims at using the hypothetical-deductive method, to analyze the recovery of the company in crisis, using as a reference basis for judicial reorganization law (Law 11.101 of February 9, 2005). There is an analysis of how aspects of economic sustainability can be used when a company in crisis undergoes Judicial Recovery. In this sense, it is clear that sustainability refers not only to the environmental sphere, as all its concept is built on several dimensions, which have evolved over time. The Corporate Social Function is also analyzed in order to structure this Reorganization, as one company after their recovery and return to the competitive business market, must fulfill its social function, thus justifying its existence. Other than that, this research also analyzes the Brazilian Economic Order, as a guarantor of a competitive and balanced market economically, with the benchmarks of this concept basically free enterprise and free competition, fundamental principles so that you can be a healthy business market. The dissertation also has its context in a critical analysis of the use of methods and economic aspects of sustainability as an effective means of preparing the judicial reorganization plan. It appears that there is a clear lack of widespread use of methods of economic sustainability when preparing the Judicial Recovery Plan, which in many cases can cause the failure of the company's recovery when subjected to the Judicial Recovery. The deepening of knowledge on issues related to economic sustainability by the agents involved in drawing up the judicial reorganization plan, it appears necessary for there to be effective in the success of the company and uplift his return to the business market competitively.