This paper analyses the Brazilian Bankruptcy and Business Reorganization Legal System (Law 11,101/2005), proposing an interpretation in light of constitutional principles and values. Such interpretive exercise is essential to determine what constitutes the “best interest” within the context of bankruptcy proceedings and business reorganizations. This scope is corroborated by the interests’ weighting method, which was recognized by the Brazilian Federal Supreme Court when it declared the constitutionality of certain provisions of Law 11,101/2005. Finally, this paper intends to demonstrate that the interpretive exercise mentioned above shall be implemented taking into consideration the economic consequences of the legal solution, given that the economic content integrates the essence of business relationships.
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Mauricio Moreira Mendonça de Menezes
