A sujeição das empresas estatais ao regime falimentar

Abstract

The core of this work is to explore the existence of unconstitutionality in the impossibility of state-owned companies being accepted by the bankruptcy regime. In this sense, the breaking of isonomy is a fundamental point for public administration and ends up being distorted by the presence of art. 2nd, item I of Law nº 11. 105/05. In addition, there is an unconstitutionality in the fact of art. 173 § 1, item II discipline that state-owned companies that carry out stricto sensu economic activity would be approaching the private regime, demonstrating that the generalization present in the bankruptcy Law is a atechnics. Thus, the purpose of the work is to discuss, given the positive impossibility, whether it would be possible to subject state companies to the bankruptcy regime, as well as to analyze how different doctrinal perceptions on the subject, in order to identify if judicial reorganization and bankruptcy are a pertinent alternative for state-owned companies.