O instituto da recuperação judicial e a possibilidade de apresentação de plano alternativo pelos credores à luz da Lei 14.112/2020: uma análise do processo de recuperação judicial da Samarco Mineração S/A

Abstract

The Brazilian judicial recovery procedures, previously known as “concordata”, had theirlegislation innovated in 2005 with the enforcement of Law No. 11.101/05. Despite ofthat, considering the passing of years and the significant technological and socialdevelopment, a modification of this legislation became necessary. Therefore, from2021 onwards, Law No. 14.112/2020 came into force, which modifies and updates theformer legislation, introducing several new provisions to the judicial recovery andbankruptcy of companies in Brazil. One of the main changes is the possibility forcreditors to presente a Judicial Recovery Plan, aiming to make the legislation moreflexible and enable the restructuring of companies. However, this novelty might lead toa competition between the company under recovery, its creditors and the creditors’collective. For this reason, by utilizing available legislation and doctrines, this workstudies the moifications to the Bankruptcy Law, discussing the innovation brought bythe New Law on Judicial Recovery ans Bankruptcy Process, by an in-depth analysisof Samarco Mineração S/A’s procedure. It was achieved the conclusion that, despitethe legislator’s attempt on making the judicial recovery processes more efficient, thereare still various obstacles and legislation gaps to be adressed, especially when dealingwith companies of the scale and importance of Samarco