Limites para aplicação do CRAM DOWN em face do princípio da preservação da empresa.

Abstract

Law 11 ,101 / 2005 is a judicial, extrajudicial recovery and bankruptcy of the company in crisis. Judicial reorganization is a legal way of seeking the stabili ty of business activity. The debtor in crisis must present in a plan the viability of hi s activity. The judicial recovery is only approved by the Judge if the recovery plan has to be updated in the Law. Not being the case of approval by creditors, the busi ne ss activity is at risk. However, there is an alternative to rejecting the will of cred itors. This is t he legal institute of Cram Down, a measure that grants the judiciary greater powers to interfere and decide for the preservation of the company, even if t he recovery plan is not approved at the meeting by most of the creditors, as provided by the Law of Re covery and Bankruptcy. Of American origin is a more viable alternative to insufficient legislation. The method for development in the implementation of th e instituting for the recovery of subject is subject to arbitrary départ capement in d etriment of inte rest collective. Doctrine and jurisprudence are the sources of study of higher education already adopted in foreign laws, but, still, not prescribed in ou r law.