Análise do instituto da recuperação judicial de empresas e sua eficiência enquanto mecanismo de solução de crises.

Abstract

The work in question aims to explore Law 11.101 / 05, known as the Law on Judicial Recovery and Bankruptcy, and to shed light on the requirements, procedures and effects of its application. Its importance as a mechanism to implement the principle of preservation of the company, as well as an analysis of the historical origin and the evolution of bankruptcy law, seeking to verify whether through the Judicial Recovery Institute, companies are able to recover and maintain their functioning, complying with its social function, generating jobs and moving the commercial market. It so happens that, as the years went by, the institute in question was able to present its due results, which left the research problem elucidated: is the judicial recovery of companies, as a mechanism for solving the crisis, really efficient? To answer this question, we sought to bring to the debate data referring to the demand for judicial reorganization requirements and concessions pleaded in Brazil, in order to allow observations about their annual variations, under a context of economic crisis in which we are inserted, with mention the COVID19 pandemic and its aspects of interference in the economy and the judicial reorganization system of companies. In addition, the general objective is to discuss these data regarding the recovery of companies, and whether their role can actually restructure them through Judicial Recovery Through bibliographic research and the hypotheticaldeductive approach, using the bibliographic method documentary and exegeticallegal, through the analysis of books, codes, magazines, websites, scientific articles, doctoral dissertations and descriptive statistical analyzes. The data used in the research and were obtained from Serasa Experian. It was observed that the institute could become more effective in its purpose with some scores. Flaws in the management methods of business organizations are one of the highlights of the problem raised, as certain initially unsuspected conjunctions prove to be gradually harmful and harmful to the Judicial Recovery process.