Banca de QUALIFICAÇÃO: MARIA EUGÊNIA BARREIROS DE MELLO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA EUGÊNIA BARREIROS DE MELLO
DATE: 29/07/2021
TIME: 08:30
LOCAL: Faculdade de Direito
TITLE:

TRANSNATIONAL INSOLVENCY AND LAW No. 11.101/05: Where we came from, where we are and where we are going (or could we)

KEY WORDS:

Judicial recovery; Bankruptcy; Transnational Insolvency.

PAGES: 77
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Privado
SPECIALTY: Direito Comercial
SUMMARY:

Only recently, transnational insolvency became the object of Law No. 11,101/05, which regulates the judicial, extrajudicial and bankruptcy reorganization process in Brazil. The recent inclusion in the law, in December 2020, of a chapter on the subject, had its wording based on a Model Law of the United Nations Commission on International Trade Law (The United Nations Commission on International Trade Law – UNCITRAL), and imposes on the national legal system – scholars, judges and legal practitioners – the study of the new legally instituted system, which has as a challenge the harmonization and unification of rules that regulate relations between different countries, each with its own legal systems. The chapter entitled "On Cross-border Insolvency" regulates, materially and procedurally, the reorganization and bankruptcy acts of companies that carry out their activities beyond their country of origin - which implies the possibility of different jurisdictions acting on the same object. Thus, from the perspective of national sovereignty, the problem faced by this research, previously limited to legislative omission on the subject, was transmuted to face the analysis of the new text. The task of better understanding the current context, in turn, permeates the observance of the treatment of cross-border insolvency over time, in the world and especially in Brazil, so that its evolution can be analyzed and the perception of the path that still needs to be reached go through to reach – or at least approach – the desired global normative standardization on the subject.Therefore, the work turns to the Brazilian Commercial Code of 1850, which contained rules related to cross-border insolvency, although not under that name; the Bustamante Code, to which Brazil is a signatory, in addition to Chapter 15 of the American Code of Law and the norms of the European Union. In the same way, it is necessary to investigate the long road traveled until the recent update, since Bill No. 6,229/2005, transformed 15 (fifteen) years and 29 (twenty-nine) bills later into Law No. 14,112 /20. The projection of possible measures that should be taken for a better application of the rules of Chapter VI-A, from a propositional approach, aims to start the construction of a content whose relevance can only be verified after future events, which will give rise to the jurisprudential and doctrinal construction on the subject. For this reason, using qualitative research, predominantly exploratory and descriptive, it seeks to build a panorama of cross-border insolvency, so that it is possible to identify where we came from, where we are and where we are going - or we could go.

BANKING MEMBERS:
Presidente - 3289832 - JOSE BARROS CORREIA JUNIOR
Interno - 1653663 - BECLAUTE OLIVEIRA SILVA
Interno - 1121340 - QUERINO MALLMANN