A RECUPERAÇÃO JUDICIAL COMO MECANISMO DE SALVAGUARDA DE DIREITOS FUNDAMENTAIS

Abstract

This article aims to study the judicial recovery mechanism as a mechanism for guaranteeing fundamental rights. The Brazilian economic climate is unstable, and research shows a growing number of companies experiencing financial crises and, consequently, resorting to the judicial recovery mechanism as a way to remain operational. The Theory of Preservation of the Economically Viable Enterprise is sometimes the primary basis used to support judicial recovery actions, which aim to enable the reorganization of business activity through the efficient reallocation of assets and the restructuring of liabilities, enabling a new debt structure capable of ensuring the company's continuity. Therefore, this article addresses the concepts surrounding judicial recovery and, subsequently, the aforementioned theory as the legal basis for the judicial recovery mechanism.