Do regime jurídico das debêntures

• Autor(a) principal: Molina, Fabiana Ricardo
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/22852
• topic: Debêntures - Brasil; Mercado de capitais; Agente fiduciário; Bonds - Brazil; Capital market; Fiduciary agent; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This work aims to study the legal system of debentures, the main debt bonds instrument used by Brazilian corporations as a way of raising funds in the capital market. Therefore, the development of the institute in Brazil is analyzed through the evolution of the legal system applied to it. The study also presents its legal nature and species, according to their convertibility, guarantees and issuance forms. Moreover, the characteristics of public and private debenture issuances, including deliberation, deed, circulation until their extinction, are analyzed. Amongst other issues related to the institute, are focused on this work: the general meeting of debenture holders, the role of the fiduciary agent, in order to protect the debenture holders ‘rights, their essential and secondary rights, as well as their regular exercise. In the last part of the work, the controversial questions about the debentures judicial proceedings against the issuing company, consistent in the legitimacy of filling the suit and enforceability of immaterial title. The methodology used for the research is the bibliographic, with a qualitative approach, in order to expose the problem presented