THE EFFICACY OF JUDICIAL RECOVERY IN BRAZILIAN LAW CONCEPTUAL AND PRACTICAL ANALYSIS OF THE EFFECTIVENESS OF THE INSTITUTE

Abstract

This paper aims to analyze the institution of Judicial Recovery in light of Brazilian law, from its historical process, introduction of Law No. 11.101/2005 into the Brazilian legal system, the bankruptcy procedure and its effectiveness in the recovery of companies in crisis. Due to the legal importance of this institution for the State, there is an urgent need to understand the reasons in fact and in law capable of making the process more efficient, in compliance with the principle of the social function of the company, aiming to preserve business activity. This paper will address the legal basis of the institution, the bankruptcy procedure and analysis of real judicial recovery processes of Brazilian companies. Thus, by using bibliographic research with a qualitative approach and analysis of real cases of judicial recovery processes, it will be possible to understand the challenges and obstacles to the success of this bankruptcy procedure in Brazil. The aim is to identify the main factors that lead companies to economic and financial crises and how to recover them effectively.