Interseções entre a recuperação judicial e os processos estruturais: uma análise entre as técnicas da Lei nº 11.101/2005 e o tratamento adequado de problemas estruturais

Abstract

The main objective of this dissertation is to verify if the Judicial Reorganization Process fits within the concept of Structural Process, in order to, from this analysis, seek in the recovery procedure of Law 11.101/2005, the main difficulties that permeate the Structural Process today in the Brazil, in particular, the absence of specific legislation that regulates its rigorous instruments and techniques. In this sense, the problem that this work aims to answer is to what extent understanding Judicial Reorganization as a Structural Process can represent a bifrontal logic for these two institutes and what benefits this would bring in practice. In order to answer this problem, in the first section, a historical analysis of the Structural Process will be developed, in order to understand its origins, its concept, its characteristics and its procedure. In the second section, we intend to present the main assumptions around the Judicial Reorganization Process and the peculiarities of Law 11.101/2005, seeking to find out if there is a procedural microsystem of Judicial Reorganizations and Bankruptcies in that law. Then, proceed to verify the points of intersection between the Structural Processes and the Judicial Reorganization Process, in order to understand whether the procedure taken by Law 11.101/2005 could be an example of a Structural Process. Finally, in the last section, we seek to understand whether there is a bifrontal logic between the Structural Process and the Judicial Reorganization Process, that is, it will be verified how these institutes can contribute to the improvement of each other's solutions, and which techniques could be used, in practice, between the two procedures.