O papel do ministério público na insolvência transnacional

Abstract

The amendments to Law 11.101/2005, promoted by Law No. 14.112, of December 24, 2020, which became known as “new Law of Bankruptcy”, given the extensive scope of the reform, was also responsible for bringing very important change in the legal system, by internalizing the Model Law of Uncitral for Transnational Insolvency, an instrument that has allowed the direct communication and cooperation of the jurisdiction of Brazil with that of other countries, such as the United States of America, Colombia, Chile, United Kingdom, European Union, Japan and South Korea. The discipline of the institute was included in Chapter VI-A of the Law n.11.101/2005 (Law of Bankruptcy), comprising of 05 (five) sections and 25 (twenty-fives) articles - arts. 167-A to 167-Y. Among the new precepts, notably in art. 167-A, § 5th, new possibility of intervention is attributed to the Public Prosecutor, stating the device its mandatory action in transnational insolvency proceedings. The aim of this work, analyzing the profile of the Public Prosecutor, in the Constitution of 1988, in the microsystem of collective guardianship and in other countries, is to establish what would be its competence in cross-border insolvency proceedings, what to analyze, what the limits, which the legal parameter, which internationally accepted principles to protect, offering, at the end, objective contributions to the Brazilian Public Prosecution for the just and efficient intervention in transnational insolvenship proceeding.