A importância do instituto da recuperação judicial em tempos de crise: uma análise da efetividade das ações de Recuperação Judicial em face do caso Grupo OAS

Abstract

In Brazil, until June 2005, the insolvency of the person who performs commercial activity (today, business) was regulated by Decree-Law No. 7.661/45. Currently, Law No. 11.101 of February 9, 2005 is in force and governs the matter. Under the precepts of the Company Preservation Principle, the new regulatory framework for the economic crisis in business activity appears. The new law develops from the principle, seeking to ensure, in each of its provisions, that the activity of production and circulation of wealth is kept in operation. Taking into account that the Judicial Recovery seeks to make it possible to overcome the debtor's economic and financial crisis situation, allowing the maintenance of the production source and has the consequences of preserving the company, its social function and stimulating economic activity, the present work will aim to address its effectiveness in financial reimbursement of companies in times of crisis, starting with the presentation of the historical evolution of bankruptcy legislation in the Brazilian legal system, followed by the presentation and explanation of the entire recovery process of the company and ending with the analysis of the effectiveness and importance of the Judicial Recovery resource in the face of the economic- financial crisis, based on the OAS Group's Judicial Recovery Process.