A EFETIVAÇÃO DO PRINCÍPIO DA FUNÇÃO SOCIAL NO INTUITO DA RECUPERAÇÃO JUDICIAL

Abstract

The present work has as general objective the study of the institute of judicial recovery in Brazil as well as its characteristics and objectives as a means of effecting the principle of the social function of the company. First, a historical study of bankruptcy law from the earliest days in Brazil Colônia to the present day is presented, listing the main legislative reforms and the main changes in relation to the bankruptcy vision in the Brazilian legislature. For a better understanding, the study of judicial recovery, its concepts and objectives, and its principles will be studied in order to demonstrate the importance of this institute not only to the subject directly related to the business activity, but, above all, to society as a whole. one all. Specifically, the objective of this work is to demonstrate the effectiveness of the principle of the social function of the company linked to the judicial recovery institute. The judicial recovery of the company is understood as a manifestation and / or result of the exercise of freedom to act economically and legally, it could be thought that any financial difficulties that it may face are problems that concern only its owner, or either to the entrepreneur or to the entrepreneurial society. After all, it was such a person (the entrepreneur or the entrepreneurial society) who, in the exercise of his freedom to contract, contracted debts, assumed obligations, and that consequently he must suffer the direct effects of the insolvency of the structure and organized economic.