O controle judicial da recuperação extrajudicial estruturação de um filtro trifásico de controle da legalidade e da classificação de credores

Abstract

This thesis examines out-of-court reorganization as a crucial legal mechanism for the procedural regularity and the proper classification of creditors into homogeneous classes. Employing a methodology that combines dogmatic and comparative approaches, the study rigorously analyzes the evolution of national regulatory frameworks in dialogue with foreign models and international guidelines, aiming to enhance both the effectiveness and fairness of the process. In this context, a three-phase filter comprising admissibility, formal compliance, and substantive validation is proposed as indispensable for ensuring transparency, equality, and legal certainty. This model seeks to harmonize judicial oversight with the autonomy of the negotiating parties, ensuring that the essential requirements for reorganization are strictly met without compromising the speed and flexibility necessary for negotiations between debtors and creditors. The work identifies and scrutinizes existing practical obstacles, such as technical and cultural resistances, which hinder the full effectiveness of out-of-court reorganization, and proposes solutions that safeguard the interests of all involved parties while maintaining the fundamental purpose of preserving productive activity. The proper classification of creditors, based on transparent criteria, is considered a central element for achieving equitable and sustainable outcomes in the restructuring process. It is concluded that, for the preservation of economic activity, a delicate balance between judicial intervention and private autonomy is imperative, supported by a normative framework that prioritizes good faith, informational clarity, and cooperative engagement among stakeholders. This perspective not only contributes to the efficacy of reorganization processes but also reinforces the importance of out-of-court reorganization as a strategic instrument for promoting economic and social stability.