Recuperação judicial no âmbito do poder judiciário maranhense: avaliação dos planos de recuperação apresentados nos anos de 2020 a 2022 e atuação do judiciário maranhense

Abstract

The dissertation examines the increasing significance of judicial reorganization of businesses in Brazil, with a particular focus on the reality of Maranhão. The study highlights the economic and social impact of financially distressed companies, especially in sectors that generate employment, such as agribusiness and small enterprises. The research aims to assess the judicial reorganization plans submitted before the Maranhão Judiciary between 2020 and 2022, analyzing their consistency and effectiveness in preserving business activity. The general objective is to examine the structure and feasibility of judicial reorganization plans currently under judicial review in Maranhão, in light of the applicable legislation (Law nº. 11.101/2005, amended by Law nº. 14.112/2020, and to formulate measures through which judicial intervention can contribute to the success of reorganization proceedings. The study is divided into the following chapters: (i) discussing the constitutional principles governing Brazil’s economic order, with an emphasis on the preservation of business activity; (ii) examining judicial reorganization from the perspective of collective interest; (iii) analyzing the legal requirements of reorganization plans; (iv) assessing the compliance of these plans with statutory provisions and their impact on the Maranhão Judiciary; and (v) proposing solutions to enhance the viability of reorganization plans and optimize judicial oversight. The methodology adopts an inductive approach, employing legal-descriptive, diagnostic, and propositional procedures. It relies on bibliographic and documentary research, including analysis of judicial proceedings in Maranhão, with a socio-legal critical perspective. This study seeks to contribute both academically and professionally to the understanding and enhancement of judicial reorganization in the state.