O papel do juiz no controle de legalidade na concessão da recuperação judicial

Abstract

This study aims at carrying out a legal analysis of the role played by the magistrate in controlling the legality of the judicial recovery plan. The first part is devoted to the consideration of the General Meeting of Creditors for judicial recovery, its formal aspects such as organization, way of vote counting, presidency and deliberation, as well as its functions. The second part approaches the judicial recovery plan, the limitations imposed to the plan by law and the means of judicial recovery. Next, we will examine the kinds of concession from judicial recovery as well as its rejection hypothesis, and related consequences. After, we will address the central theme of the research. Law 11.101/ 2005 does not provide on the control of the legality of the plan, either on formal or material aspects. Initially, we will address the issue of autonomy of the General Creditors' Meeting. Next, we will study the control of legality of judicial recovery plan approved by the assembly, and its limitations with regard to assessment of the economic feasibility of the debtor. At this point the legality control is presented considering the formalities established by law (formal legality control), the material limitations to the plan provided for in FRL - fiscal responsibility law - (control of material legality strictu sensu) as well as the limitations of Brazilian legal system (control of material legality lato sensu)