THE USE OF THE JUDICIAL REORGANIZATION INSTITUTE AS AN ABUSE OF THE EMPLOYER'S RIGHT

Abstract

The present work deals with the new Law n. 11.101/2005, which refers to the institute of judicial and extrajudicial recovery, which aims to combat the bankruptcy of entrepreneurs and business companies, allowing them to restructure financially with freedom between creditor and debtor in decision-making. This institute is considered a great benefit whose purpose is to overcome the crisis while preserving both the company and its social function. In this way, the following question was constructed: “Does the institute of judicial recovery serve as a strategic form of bad faith used by entrepreneurs and business companies to exempt themselves from responsibilities with their creditors? ”. Therefore, the objective is to analyze judicial recovery as a strategy used by entrepreneurs and business companies that, taking advantage of the freedom granted by the Institute, shield their assets to exempt themselves from responsibilities with creditors. The method used in the research was bibliographic with a deductive approach method, obtaining the expected results regarding the need for the State to act in a more supervisory way with the procedure so that there is no increase in demand, and consequently cause great losses to all creditors and the economy.