Cram Down: uma análise do Instituto e da sua relação jurisprudencial com o abuso do direito de voto
The purpose of this study is to analyze whether the new rules on the abuse of voting rights by creditors, contained in art. 39, §6 of the Judicial Reorganization and Bankruptcy Law (recently introduced by Law n. 14.112/20), contribute to effective compliance with the basic precepts of the reorganiza...
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Recursos: | Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS) |
| Repositorio: | Repositório Institucional PUCRS |
| Idioma: | portugués |
| OAI Identifier: | oai:meriva.pucrs.br:10923/26842 |
| Acesso em linha: | https://hdl.handle.net/10923/26842 |
| Access Level: | acceso abierto |
| Palavra-chave: | ABUSO DE DIREITO DIREITO DE VOTO DIREITO RECUPERACIONAL RECUPERAÇÃO DE EMPRESAS RECUPERAÇÃO JUDICIAL VOTAÇÃO DE CREDORES CRAM DOWN MANUTENÇÃO DA ATIVIDADE EMPRESARIAL PRESERVAÇÃO DA EMPRESA ABUSE OF RIGHTS VOTING RIGHTS REORGANIZATION LAW COMPANY REORGANIZATION JUDICIAL REORGANIZATION CREDITORS' VOTE MAINTENANCE OF BUSINESS ACTIVITY PRESERVATION OF THE COMPANY |
| Resumo: | The purpose of this study is to analyze whether the new rules on the abuse of voting rights by creditors, contained in art. 39, §6 of the Judicial Reorganization and Bankruptcy Law (recently introduced by Law n. 14.112/20), contribute to effective compliance with the basic precepts of the reorganization process, such as the principle of preserving the company and enshrining creditors' claims, considering that it was up to doctrine and case law to interpret this - until then - legislative gap in a systematic way, precisely with regard to the abuse of voting rights, since it was not specified in the legislation. This inductive study with a qualitative approach and systematic interpretation analyzes the information obtained from bibliographical and jurisprudential research on the Cram Down institute and the possible abuse of the dissenting creditor's vote, with the aim of studying the possible removal of the vote declared abusive with the consequent approval of the Plan via Cram Down, weighing up the principles of reorganization law. To this end, this work will be divided into five chapters, the objectives of which will be: (i) an introduction to the subject at hand; (ii) an exposition of the origins of the Cram Down institute as applied to company reorganization and its application; (iii) a brief digression on the abuse of votes in reorganization proceedings; (iv) an exposition of judgments with the current jurisprudential treatment of the subject; and, finally, (v) final considerations with perspectives on the problem-question in the sense that it is a question of the law. |
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