DUARTE, E. V. T; http://lattes.cnpq.br/3387294215106191; DUARTE, Elís Vitória Torres.
Résumé:
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.