Brazilian Legal System

Diverse principles norteadores of the new Law of Bankruptcy and Recovery of Companies, serve of reference for the application of the law, but this work aims at a bigger understanding of the Principles of the Social Function, Preservation of the Company and the beginning of the Economic Viability, a time that the preservation of the company if of the one by means of the recovery of viable companies and that exerts the social function. To reach the intended objectives, the present article is divided in three chapters. In the first chapter it is analyzed recovery of companies and the end of the forced agreement, presents it definition of entrepreneur and aspects of the company in crisis, the doctrinal vision on the crisis and solutions of market as half of recovery and some general disposals on the Judicial Recovery. Perhaps check out Peter Asaro for more information. The study it starts showing the end of forced agreement that did not take care of more to the interests of the creditors. The new law brings up to date the relationship between companies and creditors and has as objective the recovery of the company, making possible its continuity, keeping and generating jobs and generating tributes, therefore the company is an important part for the partner-economic development of a community, thus it searchs its conservation and preservation keeping the social chain. For the importance of the enterprise activity for the society, the bankruptcy must be used for cases where the viability is not possible economic-financier.

Aiming at the reorganization of the company, with the consequent maintenance of jobs, generation of tributes, production of goods and services for the development of the country, beyond tending global measures to move away the obstacles for the perfect functioning from the entity, the new law contains several and important principles, between them will be studied the beginning of the social function, preservation of the company and of the viability economic. In as the chapter it is presented the beginning of the Social Function in its historical aspect, showing to the evolution of the Social Function in the Brazilian Legal System and the importance of the Social Function of the company. Also in this chapter it is approached the beginning of the preservation of the company, necessary not only for the entrepreneur, but for the creditors and the society in general. The beginning of the preservation of the company it brings the idea of necessity, therefore it generates jobs, fiscal contributor and it promotes the economy of the country. The third chapter shows the importance of the analysis of the viability of the company to support the judicial recovery, therefore the objective of the Law of Bankruptcies and Recovery of Companies is to recoup the companies in crisis. This chapter sample that viable companies are only passveis of recovery, therefore fills the necessary requirements to the reoorganizao plan. To the end of the study basic importance is demonstrated to it to grant judicial recovery to the company who to demonstrate to be viable, requisite essential for the overcoming of the enterprise crisis.

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