Recuperação de empresas: análise dos aspectos processuais e da importância da utilização de financiamentos no plano de recuperação judicial.

Abstract

The purpose of this paper is to analyze Law 11.101/2005 - LRE, more precisely in its judicial recovery institute and the means provided by it for the recovery of the company. After thirteen years of its existence, many were the positive and negative experiences that could be used as an example. However, one must understand the law in the context of the company's importance to society, since it plays a fundamental role: it generates wealth, many direct and indirect jobs, and, above all, provides wealth to the State with the payment of taxes. The present work sought to make an analysis of the procedures present in the LRE and that contribute to the success in the recovery process, more specifically, deepened the study of the use of financing during the judicial recovery process. A brief analysis was also made of the process of judicial recovery of a company that has succeeded in recovering, using alternatives not so usual proposed in the law, such as the use of DIP Financing. The intake of new money, through the use of financing, was able to provide cash to keep the company's operation alive and to honor the most urgent obligations, as well as watch over the raw material for the production of the products and salaries of employees. Without obtaining these resources, the judicial recovery would have taken more time and the chances of success would be reduced, thus demonstrating the importance of financing in the judicial recovery of companies.(sic)