Recuperação Judicial: análise dos aspectos estruturais à luz da preservação da empresa

Abstract

The work seeks to analyze the structural aspects of the judicial reorganization procedure under the focus of achieving the principle of preservation of the company. Firstly, the work turns to the concept of a company and addresses its importance in the social and economic development of society, generating the need for its preservation and historically implying a change in the insolvency law perspective. In the second moment, the work addresses the institute of judicial recovery presenting the objectives of the law and its structure, warning about the need for the procedure to be efficient to achieve the functions of judicial recovery. Finally, in the third part, it presents the flaws in the structural aspect of the law that may result in the effective impossibility of preserving the company, as well as possible interpretations of how to apply the current law in order to achieve the function of the judicial reorganization institute.