O processo estrutural aplicativo a recuperação judicial de empresas: uma análise do caso Saraiva e aplicação do processo estrutural em demandas do setor privado

Abstract

The judicial recovery of companies is an important legal and social instrument, considering that it enables the continuity of business activities that have significant importance to society. It is interesting to note that the judicial recovery of companies appears to have characteristics of a procedural concept that was born in the 1950s in the United States of America, the structural process. Structural processes are those that aim to solve structural problems, in order to restructure a state of nonconformity and make it a state of conformity through the restructuring of an institution, however, due to the nature and historical framework of the aforementioned procedural model, it is very easy to create the illusion that it is exclusive to public demands that deal with fundamental rights. In this scenario, the hypothesis arose that The structural process, although it was born from demands related to collective and fundamental rights, therefore in the public field, is a skillful instrument to restructure states of non-compliance that arise in the private sector and cause implications in the public field, being the judicial recovery process the institutionalization of a private restructuring process that can bring about a state of social conformity. For this reason, the general objective of the research was to analyze how the structural process is institutionalized in the private sector, more specifically in the process of judicial recovery of companies. In this way, it was necessary to describe the historical process construction of the concept of structural process until reaching a point of delimitation of its general and essential characteristics to its characterization, mainly according to Brazilian doctrine. In addition, the historical framework of the judicial recovery of companies and its structural characteristics was also demonstrated. Finally, the judicial recovery process of Editora Saraiva, a giant of the Brazilian retail sector with a main niche focused on education, was analyzed, allowing it to be verified in practice, if the judicial recovery process of companies has the essential characteristics to be characterized as a structural process with procedures able to restructure a state of nonconformity and in order to reach the ideal state of things. From this analysis, it was possible to confirm the initial hypothesis, since the judicial recovery process of Saraiva presented all the essential characteristics of a structural process according to Brazilian doctrine. Finally, the methodology used in this work was the bibliographical one together with the hypothetical-deductive method.