A utilização dos fatos contábeis de forma não abusiva como previsão para uma recuperação judicial não fraudulenta com base na Lei 11.101 de 2005

Abstract

The present work aims to analyze the possibility of regulating the abuse of rights by Law 11,101 of 2005 and whether there would be a contribution to good faith in the use of accounting facts and the consequent decrease in fraudulent orders of judicial recovery. The study is relevant due to the constant requests of judicial recovery by the companies, due to market changes, as well as the economic crisis exacerbated by COVID-19. The recovery has purpose the viability of overcoming an economic and financial crime of a company, preventing its bankruptcy. For this reason, the work aims to identify and analyze the functioning of the institute and the consequences of abuse of rights and fraud in judicial recovery. Therefore, the study sought to address the gaps in the Law 11,101 of 2005, as well as the improvements brought by Law 14,112 of 2020. In this way, the work identified that, if there was a regulation of the abuse of by the institute, there would be greater legal certainty, in addition to avoiding a trivialization of this medium used by companies. Judicial reorganization, in turn, cannot be offered to any entity, but to those that meet the requirements, as well as meet the social function of the company and have the strength to continue in the Marketplace