A efetividade Sócio-Jurídica do instituto da recuperação de empresas.

Abstract

since the times of economic and financial crisis currently experienced, as the economicdecline in business activity requires effective and transparent methods to bring back the incentive structure for reerguimento of the company. Therefore, the institute aims to facilitate the overcoming of the crisis faced by the entrepreneur debtor to allow the maintenance of production source, employment of workers and the interests of creditors, thus promoting the preservation of the company, the maintenance of its function social and stimulating economic activity. Thus, it is necessary to know whether the Act is effective application 11101/2005 scenario in partner-legal Brazilian? Note that it is therefore the effectiveness of the Business Recovery to the situations of economic decline is reflected by the reduction in recent years the number of companies with their activities terminated. In making this assumption, it is a literature search, the method exegetic-law, the historical-evolutionary and comparative, systematizing the study in three parts. To demonstrate the effectiveness of the institution under study, it has as its objectives: the study of historical aspects of Corporate Law by the advent of the current insolvency law, which repealed the Concordat and increased the recovery Judicial and Extra, in sequence, check the main factors that allow the granting of the legal under study, showing the species and procedures, and specify the bodies that compose. And examine the benefits derived from the mentioned law, which came with the objective of restructuring the business in crisis, demonstrating through the principle of social function of the company, the legal effectiveness of the Office of Recovery to the company, which derives from an analysis between the number of bankrupt companies before and after the current insolvency law, which demonstrated the significant efficacy of Business Recovery, contributing in a decisive way in increasing the economic and social development of the country.