A decisão de concessão da recuperação judicial: sua natureza e efeitos

• Autor(a) principal: Silva, Candice Buckley Bittencourt
• Data de Publicação: 2016
• 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/18961
• topic: Recuperação judicial; Decisão de concessão; Descumprimento do plano de recuperação judicial; Judicial reorganization; Granting decision; Noncompliance of the reorganization plan; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Law #11.101/2005 introduced in Brazilian legal system an unprecedented feature, that of the judicial reorganization, nowadays widely utilized and consolidated into case law and doctrine, as well as in legal practice. However, some other aspects and features contemplated in the 10-year plus piece of legislation still haunt those who come across them, creating doubts and uncertainties. One of these cases is that of the decision which grants the judicial reorganization, foreseen in article 58, caput, of Law # 11.101/2005, and handed down at the peek of a lawsuit that involves, amongst other acts, the summoning of creditors, the debate between them and the debtor, the presentation of a judicial reorganization plan and its discussion by the creditors gathered at a creditors’ meeting. Such decision is the culminating point of the procedure foreseen in Law # 11.101/2005, starting the moment the debtor decides to resort to judicial reorganization’s legal aid. This work examines the nature of the decision that grants the judicial reorganization, as defined by Law # 11.101/2005, its intrinsic characteristics, its content, effects and outcomes triggered by potential noncompliance of the reorganization plan by the debtor, and the effectiveness of the decision as an execution title, in view of the peculiarities inherent to the judicial reorganization proceeding