Recuperação judicial e o voto abusivo de credores perante a aprovação do plano via "CRAM DOWN": análise ao julgamento do recurso especial Nº 1.337.989

Abstract

This article provides a brief analysis of the ruling of the Superior Court of Justice of Special Appeal nº 1.337.989, in which the Court determined that the judicial recovery plan could be approved through the so-called cram down, even without fulfilling the requirements stated by art. 59, Paragraph 1º of Law nº 11.101/05, as it understands that the abuse in the exercise of voting rights by some of the creditors holding derisory credits cannot cause a notably viable company to close. The study compromises an analysis of the concept of judicial recovery, its objectives and principles, as well as the procedure for presentation and approval of the judicial recovery plan. Finally, the ground on which the Superior Court of Justice understood the quorum mitigation to approve the plan, via cram down, will be analyzed, even if it is a requirement expressed by the Law.