Atuação jurisdicional sobre a insolvência transnacional no Brasil: da lacuna legislativa à lei 14.112/2020

Abstract

The article addresses the legal treatment of Cross-border Insolvency in Brazilian law, from legislative silence, through the judiciary's initiative to fill this gap through judicial decisions, until finally being positivated by the reform brought by Law 14.112/2020, which modified the Law on Reorganization and Bankruptcy. The study aims to verify the hypothesis that although the lax legislation didn’t prevent the application of Cross-border Insolvency in Brazil, its positivization has important impacts on the performance of the judge who faces the subject after the reform. Therefore, the research is developed at first under a theoretical approach about the insolvency systems proposed by the doctrine, the creation of the Uncitral Model Law and the text of Law 14.112/2020. In a second moment, a pragmatic approach is proposed through case studies that illustrate the panorama of the jurisdictional action on the subject before and after the Reform, namely, the Reorganization of Grupo Oi and the Recognition of Foreign Proceedings of the Prosafe-SE respectively.