A consolidação substancial do processo de recuperação judicial e a sua aplicação na jurisprudência do Tribunal de Justiça de São Paulo no primeiro semestre de 2023

Abstract

The purpose of this monographic work is to investigate the substantial consolidation of the judicial recovery process and its application in the jurisprudence of the Court of Justice of the State of São Paulo, with the time frame of the first half of 2023, contributing to the improvement of understanding about the rules for judicial recovery and for the development of best practices in conducting these processes, aiming to guarantee the preservation of companies. In this sense, the companies involved can act together in the judicial recovery process, which can bring advantages in terms of cost savings and agility in the procedure. However, it is important to highlight that each company in the corporate group is still responsible for its own debts and obligations, preserving its patrimonial autonomy. Thus, in general, an attempt will be made to analyze the benefits and consequences of substantial consolidation in the judicial recovery process as a means of saving and speeding up a single recovery plan. This is because by consolidating processes into a single recovery plan, it is possible to save time and resources, avoiding duplication of efforts and reducing costs related to conducting multiple processes, a hypothesis that will be confirmed or refuted. To this end, the methodological line of bibliographical research will be used, through the deductive method and descriptive research, as well as jurisprudence from the Court of Justice of the State of São Paulo (TJSP), using the first half of 2023 as a time frame.