Coordenação de competências na recuperação judicial: repensando a universalidade do juízo recuperacional pela cooperação judiciária nacional

• Autor(a) principal: David, Fernanda Rocha
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/20017
• topic: Judicial recovery; Structural claim; Universality; Split cognition; Cognitive abilities; National judicial cooperation; Recuperação judicial; Processo estrutural; Universalidade; Cognição fragmentada; Aptidões cognitivas; Cooperação judiciária nacional; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO COMERCIAL

This study aims to rethink the universality of the judicial recovery court by national judicial cooperation. Initially, we clarify that the objective of judicial recovery is to maximize the value of all the company's assets to overcome the crisis in the interest of the stakeholders, each affected in his own way. For achieving this structural objective, it is necessary to converge multiple interests, presented even before other courts, given that during the reorganization the judicial cognition on debtor's assets and interests is split into several courts. In order to enable the issues related to judicial recovery to be evaluated by the recovery court, since it is the closest court to the restructuring, Brazilian Superior Court of Justice (STJ) consolidated an understanding for a universality of the judicial recovery court, which would attract to its cognition lawsuits involving interests and assets of the debtor, in protection to the achievement of the general objectives of judicial recovery. However, the theorization of a universality for judicial recovery has not usually been sufficient to achieve the proposed purpose. In practice, there is a lack of coordination among the courts, which is usually remedied perforce by STJ after the practice of acts that potentially jeopardize the objectives of the restructuring. Given this scenario, and from a contemporary understanding of the system of jurisdictions of the Brazilian Civil Code of Procedure, informed by the cooperative view of the procedure, we present national judicial cooperation as the key for recognizing and implementing universality in judicial recovery. Therefore, we demonstrate that universality, understood as the need to add the universal view of judicial recovery court to decision-making processes running before other courts, can and should be implemented through judicial cooperation by the courts involved, from combinatorial structures of jurisdictions prior to action, considering the issue to be decided and the cognitive abilities of each court. Through dialogued action, the intention is not only to enable the judicial recovery court to rule issues related to the restructuring, but also to avoid its interference in issues that should remain submitted to other courts.