A recuperação judicial transnacional no direito falimentar brasileiro: considerações teóricas e breve análise fática sobre o caso do Grupo OI

Abstract

The purpose of this article is to outline the need to update the Brazilian bankruptcy law, in order to include rules regarding the conduct of judicial reorganization proceedings involving multinational corporate groups. This paper will point out the importance and implications related to transnational insolvency in the Brazilian legal system, through a theoretical approach and the analysis of a practical case of judicial recovery of Brazilian multinational economic group. The case addressed will be the judicial recovery process of the "Oi Group", which came to appear as an interpretative framework of Law 11,101 / 05, due to companies belonging to this economic group based in the Netherlands - without branch offices in Brazil - integrating the passive pole. Along the course of this work, there will be a brief study of the guidelines of the national insolvency law and its principles, in comparison to the theoretical models on this theme and the model law of UNCITRAL. Subsequently, going to present the case with a synthetic exposition of the adopted procedures and issues raised during its course. Finally, it is going to be analyzed the institute of transnational insolvency in Brazil and legislative projects that propose including the theme at Brazilian law are going to be portrayed. The study demonstrates its importance in enriching the debate on the subject, as being an auxiliary tool at trying to solve the obscurities that surround it, in order to grant legal security to cross-border trade relations that has Brazil as its scenery and directly affect the main national sectors.