Discricionariedade do magistrado na aprovação do plano de recuperação judicial

• Autor(a) principal: Pereira, Francine Rodrigues
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5510
• topic: Recuperação judicial; Cram down; Discricionariedade

Herein lies the end-of-course work paper that aims to analyze the magistrate’s discretion applying the cram down, originally from North American, considering what states on article 58 of “Lei de Falências e Recuperação Judicial de Empresas” (Brazilian Law regarding Bankruptcy Recovery Process) based on the doctrine, jurisprudence and principles. To reach such aim it was used the qualitative approach that has the objective of knowing the perception of individuals regarding a given investigation act. About the procedures it was used the bibliographic, using doctrines, jurisprudences and internet articles. In what concern the depth level used in this research it was considered the exploratory approach, searching for assure higher intimacy with the study. As a product of this work paper it is the answer for the fundamental question and, even though the Brazilian legislation does not give a to the judges discretionaritiness considering the cumulative requirements and groups favorable to the plan, the legal outcomes have been showing flexibility, overall considering abuse of voting rights gathered with the possibility of legal entities preservation. In this sense it is concluded there is possibility of discretion on judges decision once cram down principles are harmonized with the application of precepts of Brazilian “Lei de Falencias e Recuperação Judicial de Empresas”. It is needed to analyze the enterprises economic feasibility with the principle of preservation, avoiding right of voting abuse and consequentially unfair and inefficient decisions regarding the preservation of continuity of enterprises commercial activity while under bankruptcy process.