Insolvência transnacional: o capítulo VI-A da lei nº 11.101/2005

Abstract

The research aims to study the institute of transnational insolvency, which was introduced into the Judicial Reorganization and Bankruptcy Law (Law 11,101/2005) by Law No. 14,112/2020. To this end, an initial approach was taken regarding the definitions of a transnational company and transnational insolvency, investigating transnational companies in the global scenario, the crises they face, and the need for regulation on the subject. Subsequently, the analysis moved to the UNCITRAL Model Law on Cross-Border Insolvency, the main soft law that proposes a model for nations to handle the issue based on cooperation and direct communication between courts, and the guidelines formulated by the Judicial Insolvency Network (JIN), an international network of judges specializing in insolvency, created to promote cooperation and communication between courts of different countries in cases of transnational insolvency. The implementation of transnational insolvency in Brazil by Law No. 14,112/2020 was then evaluated, scrutinizing articles 167-A to 167-Y that were introduced into the regulation. In the same chapter, Resolution No. 394/2021 of the CNJ (National Council of Justice), which adopted the JIN guidelines in Brazil, was also analyzed. Finally, recent cases of transnational judicial reorganization that have gone through the Brazilian judiciary were considered, attesting to the use of the international protocols provided for in the new law.