| dc.description.abstract | This dissertation has the power to demonstrate and suggest changes in the New
Bankruptcy and Corporate Recovery Law (14.112/2020). Where, despite the
numerous changes that have taken place, the positivity in the law of prior verification
will be punctually addressed here. Where the dysfunctionality of the same and the
immobilization of applicability by the magistrates, it will be the main point of defense,
because, even having been added after a long time of use without being included in
the Law. It only highlighted even more the lack of final decision by the judges, as they
are still unable to curb company reorganization requests based on their economic
and financial conditions, etc., they only have to analyze the result of the expertise on
the legal documental part. The Prior Verification in no way facilitated or reduced the
number of procrastinatory demands filed, on the contrary. Thus, in view of this reality,
and using an inductive, exemplary analysis, without being exhaustive-conclusive,
proclaiming what the misuse of the prerogatives of the Law can cause, based in
particular on the new dissertation given to article 51 et seq. of the Judicial
Reorganization Law, in which it did not eliminate the gap and the margins of the
permanence of obstacles to judges and, finally, the permanence of the Law's
dysfunctionality, which must be re-discussed and undergo changes so that the real
results can be produced , which magistrates need to be able to work. A situation that
urgently requires changes to be made to the New Law, ensuring due process of law
with immediate effects, in order to facilitate and give the necessary powers to each
judge to curb successful actions before a real and definitive analysis of all essential
points of useful life of the company, not just documentary since the distribution of the
share. Continuing in this way, only the processes of companies in conditions to
recover. Legal change is essential and fundamental for the smooth running of
processes and judicial agility before society. With the change, there will be
procedural agility, a leaner judiciary, and above all, it will only keep companies that
really want and are able to return to the job market. To do so, the Law must be
amended, as well as conducting classes, courses, creating manuals on how to act in
expert situations and training qualified experts focused on this type of broad analysis. | en |
