O instituto da recuperação judicial e sua projeção atual face a ordem econômica constitucional.

Abstract

Whereas the big socioeconomic relevance of a company in the market, such as economy movement, Jobs generation, and tax collection, the judicial recovery shows itself as an important legal tool able to provide its maintenance considering be effective in the financial crisis debtor businessman overcoming. Moreover, replacing the old concordat by legal recovery, the legislator intends to consolidate the principles, objectives and fundamentals, all referent to the economic order of the 1988’s Federal Constitution. In this way, is it important to analyze the institute under a economic-legal point of view that can make viable the application of these principles and understand their consequences on the actual moment? Based on it, it is inconsistent the notorious connection between economy and legal recovery, in a way that they act between them? In front of economic crisis that reached the Brazilian economy in the last years, it is notorious as its consequence that the legal recovery processes have been more frequent and the requests increased at high levels. So, this academic final work has as general objective to analyze the business recovery, it considering the basic principles of the Constitutional Economic Order within an actual economic-legal conjuncture. For it elaboration, about the approach, the deductive-hypothetic method is used; about the procedure, the evolutional-historic and, as research technique, it is used the direct documentation, the bibliography references and, the data collect. Furthermore, may to acclaim that the legal recovery is a tool of consolidation and effectiveness of the principles of the Constitutional Economic Order and it has a big nexus to the economy and vice versa.