A adesão à recuperação extrajudicial por cartórios como instrumento de reestruturação das empresas brasileiras: uma análise das alterações trazidas pela lei 14.112/2020

Abstract

The Company Rehabilitation Law addresses the economic status of companies in crisis situations and is composed of three basic institutes: business insolvency, judicial rehabilitation and business workouts. The Law no. 14.112/20 came with the objective of reforming Law no. 11.101/2005 due to the transformations suffered by society and intensified by the Covid-19 pandemic. The central objective of the work is to analyze

how the changes brought by Law No. 14.112/2020 influence the adhesion of out-of- court reorganization by Brazilian companies. Thus, it is proposed to understand the

historical context of bankruptcy and recuperation law, to analyze the institute of out-of- court reorganization, bringing the changes brought by the reform of Law No.

11.101/2005 and to identify the reality of the Notary Public in face of out-of-court reorganization. In view of this, it is problematic whether it is possible to carry out extrajudicial recovery after Law 14.122/2020 by Notary Public. The hypothesis raised is that in Brazil there is a favorable environment for extrajudicial notaries to carry out the extrajudicial recovery procedure with low costs and more quickly. The methodology used in the work was the qualitative method of approach, in an exploratory way, through bibliographical and documentary research.