Os aspectos processuais da recuperação judicial: em busca da efetiva manutenção da atividade empresarial

Abstract

This article aims to analyze the Judicial Recovery procedure, in search of the effective maintenance of business activity. Analyzing the procedural perspective to find justification is only possible through procedural judicial recovery. At this point, it is clear the richness of the specialty in the process of judicial recovery occurs due to the complexity in relation to the material law. In addition, with regard to the Judicial Reorganization process, there are many questions that may be clarified by the civil procedural law. From this point of view, it is noticeable the study of material law is not exhaustive in itself. In this sense, this work evaluated the jurisdictional structure with a focus on jurisdiction, identifying the parties that will constitute the dispute and emphasizing legitimacy. The study demonstrated the comprehension of the special procedure intended for the function of the judicial administrator. Besides demonstrating the verification of the credits, it demonstrated either the verification of the procedures resulting from non-compliance and compliance with the approved Judicial Recovery plan.º Thus, the work intended to care about aspects related to the implementation of the Corporate Judicial Recovery plan, based on in the analysis of the specificity of the Judicial Recovery Process.