A função do administrador judicial no processo de falência : uma análise das diretrizes norteadoras do sucesso na maximização dos ativos

• Autor(a) principal: Souza, Sérgio Ricardo Rodrigues Santos
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: http://ri.ufs.br/jspui/handle/riufs/11504
• topic: Administração; Ensino de adminstração; Falência; Administrador judicial; Processo falimentar; Direito empresarial; Lei n° 11.101/2005; Bankruptcy; Judicial administrator; Civil liability; Business law; CIENCIAS SOCIAIS APLICADAS::ADMINISTRACAO::ADMINISTRACAO DE EMPRESAS

The purpose of this course completion work is to demonstrate the importance of the role of the trustee in the bankruptcy process defined by Law 11.101 / 2005, through which he was appointed to conduct promptly and fairly the principles established by the codex. The research includes the observation of the material skills of the judicial administrator, with a focus on detecting the contribution of this professional in the decision-making to the subjective bankrupt as well as between society, which may operate in commercial relations with the objective bankrupt. It should be noted that in this process of collection of assets of the bankrupt debtor, only tangible assets are usually accumulated, excluding all intangible assets, in latent disregard of the real corporate equity as well as the actual damage caused to the economy in which a bankrupt company is inserted . Lastly, the purpose of this paper is to define the civil and criminal liability of the judicial administrator as well as the bankrupt debtor, consubstantiating the accountability mechanism adopted by the law, suitable means to guarantee the subjective bankruptcy (creditors) that the work of the judicial administrator , will follow the legal, moral and ethical procedures to obtain the principles of the insolvency proceedings, in order to better satisfy the claims of each one of the parties interested in the bankruptcy process, in parity of enforceable conditions. The study was exploratory, quantitative, descriptive, carried out through a survey in bibliographical and field sources, involving 06 prosecutors who work in public prosecutor's offices of the Union, Sergipe State and Aracaju Municipalities. The questionnaire was used as a data collection instrument, based on analyzes and doctrinal observations regarding factors of success and failure of entrepreneurs. These elements were tested among the interviewees by questionnaire applied in April / 2019, in the sense of it is possible to extract the perception of those involved in the insolvency proceedings regarding each element doctrinally discussed as relevant to the occurrence of corporate bankruptcy. In view of the results, it was possible to identify the perception of the interviewees when the role of the trustee in the insolvency process, and which guidelines should guide the bankruptcy in the search for success in maximizing corporate assets, with the special purpose of liquidating, the highest number of debts in the creditors' competition.