A eficiência e os efeitos da perícia prévia no processo de recuperação judicial de empresas e falências

Abstract

This dissertation is a part of the Firm and Business Law LLM of Universidade do Vale do Rio dos Sinos — UNISINOS, in the research line of Business Law and Globalization. Having as its main subject, the institute known as previous investigation in the legal reorganization and bankruptcy procedures. The goal of this research is to assess the contribution or not of previous investigation in the efficiency of the legal reorganization and bankruptcy procedures, regarding a study about the effects of the decision that provides or not the legal reorganization under fiduciary and tax creditors. According to the law 11.101/2005, the legal reorganization has as its goal to make it viable to a firm surpass an economic-financial crisis, seeking to avoid bankruptcy. Therefore, the firm maintain its production, the workers employment and the creditors interests. Legal reorganization, however, is an instrument of financial resources management which must be taken with caution, since the processing approval can bring important consequences to the market through the so-called stay period. Through this particular concern with the equilibrium between stakeholders (debtor and public and private creditors), this work aims to answer if an important tool, discussed within doctrine and jurisprudence may raise the efficacy and efficiency of this instrument: the so called “previous investigation”. Therefore, we explain briefly the historic evolution of bankruptcy law, the legal reorganization arise and its consequences, centered in fiduciary and tax credits as we will explain what is a previous investigation, which statements are pro or contrary to it as well as we will analyze the data amassed by the Brazilian association of jurimetrics about the effects of this institute as the consequences of the stay period within fiduciary and tax credits.