A impontualidade do poder público nos contratos administrativos como relevante razão de direito para a elisão do pedido de falência em face de terceiros

• Autor(a) principal: Borcsik, Sandor Krisztan
• Data de Publicação: 2009
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31456
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Lei de falências e de recuperação de empresas; Inadimplemento do contrato administrativo; Relevante razão de direito; Elisão do decreto de falência; Tutela jurisdicional adequada; Bankruptcies law and of recovery of companies; Payment lack of the administrative contract; Relevant reason of right; Elimination of the bankruptcy decree; Judicial proper custody

The present essay examines the incidence of the disposed in the Article 94, item one, of the Bankruptcies Law and of Recovery of Companies (New Bankruptcy Law), enclosing as relevant reason of right, able to eliminate the bankruptcy decree, the unjustified lack of payment of the administrative contract by the State. Therefore, it is considered that the delay of payment of the Public Administration echoes in strange juridical relationships to the contract – established among the winning bidder and others – in view of the condition of juridical insolvency caused by the State, in such way to give opportunity to the provoking the judicial request of bankruptcy by strangers to the primitive contractual relationship. The developed reasoning starts from the interpretation of the Bankruptcy Law considering the Articles 1º, item four, 170, items two, four, five, seven and eight and 174, all of the Federal Constitution, in that the company performs fundamental function in the contemporaneous society, as one of the structure elements of the economic system, that impedes the State to be the causative agent, direct or indirect, of its bankruptcy. From this constitutional view, the essay seeks to equation for possible solutions on the procedural subjects seeking the practical application and the defense of the rights that attend the contracted company – the winner bidder – VII specially to the unjust decree of its bankruptcy keep unseen, as well as the others that with it establish juridical business, ensuring the access to a judicial way able to the receiving of their respective credits. To achieve these objectives the attention was given to the constitutional procedural rights and their warranties, especially the principle of due process of law, foundation stone about which had been searched to lift this theory, giving juridical support and applying the necessary efficacy