Recuperação judicial de empresas: uma análise frente ao papel do administrador judicial

Abstract

The recovery of companies in the Brazilian legal system is regulated by Law 11.101/05, covering the hypotheses of recovery of the company or bankruptcy, noting that the recovery may be judicial or extrajudicial, the latter being an innovative way to ensure greater speed to all the characters involved in the submitted procedure. However, in all these procedures there is the presence of the Judicial Administrator, and the object of study of this research is given on this character, in order to understand their attributions, activities, responsibility and as one of the responsible in achieving the intended objective. In order to understand the research object, it was used the inductive method, starting from the premise that there are tools in the Brazilian legal system that enable the activity of the judicial administrator, but still it is necessary to identify if it is enough for the solution in concrete cases, that is, the major premise (legal norms) is not an absolute truth, since it does not contemplate the whole minor truth (concrete cases). Thus, it was possible to identify that the role of the receiver is a compendium of discretion regarding the administration of goods or services and, on the other hand, is limited to the legal dictates. However, if it is abused, it may be penalized in several spheres and by various normative instruments, in view of the imposed subjective responsibility, which extends to liability for omission. Finally, with the analysis of concrete cases, it was understood that the good performance of the trustee activity is the possibility of satisfying the interest of a large collectivity, in this case, consumers, creditors, the State and workers.