Análise das palestras proferidas pelos membros do Superior Tribunal de Justiça no evento "Visão do STJ sobre temas societários e recuperação judicial" sobre o instituto da recuperação judicial

• Autor(a) principal: Júnior, Cícero de Castro Ribeiro
• Data de Publicação: 2020
• 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/5689
• topic: Recuperação judicial; Função social; Preservação da empresa

OBJECTIVE: The present study has as objective to analyze the lectures given by the members of the Superior Court of Justice at the event “STJ's Vision on corporate issues and judicial reorganization” held on 10/11/2019 on the judicial reorganization institute. METHOD: This is an exploratory research with a qualitative approach; as for the procedure, classified as a bibliographic data collection based on studies of scientific doctrines and articles, and documentary, based on the legislation and recordings of the studied event. RESULTS: In recent research, it was found that among the requests for judicial reorganization made between the years 2010 and 2018 in the State of São Paulo, about 60% (sixty percent) of the companies were unable to recover from the recovery after the years of monitoring established by law. Thus, despite the innovations brought by the Bankruptcy Law, in force since 2005, it appears that, in reality, a significant number of companies still cannot avoid bankruptcy, demonstrating that the legislation is still insufficient to guarantee the preservation of the company. CONCLUSION: In order to transform this reality and make bankruptcy legislation effective, it is necessary to take measures capable of creating alternative recovery mechanisms, so that the parties themselves (creditors and debtor) find the solution, so that the recovery is, in fact, effective, thus fulfilling its purpose, through institutes such as mediation, conciliation and negotiated solutions. Furthermore, it is essential that changes occur in certain points in the Bankruptcy and Judicial Reorganization Law, mainly in relation to transnational insolvency, the possibility of requesting judicial recovery from the rural producer and the possibility of exemption from taxation on the negative goodwill granted by private creditors.