This paper aims to analyze all the deadlines established by Law No. 11.101/2005 in the scope of corporate reorganization until the moment that the creditors deliberate about the reorganization plan submitted by the debtor. From the analysis, we can conclude that in practice, the theory has not been confirmed. We explain: the deadlines were planned in an orderly way so that the corporate reorganization would be quick and efficient. However, the trigger of these deadlines are some publications on the official newspaper and the judicial machinery, excessively overburdened, fails to provide such publications quickly enough. As a result, some deadlines sets forth by law eventually lose their function. This is exactly the case of the period of suppression of actions and executions established in Article 6, § 4, of Law No. 11.101/2005, which is being eventually flexibilized by court decisions which seek to mitigate this inconsistency between the purpose of the law, the deadlines sets forth by the law and the reality of Brazilian courts. Finally, this paper will present the evolution of case law and also brief reflections of the authors on the subject.
Click to access the full content
Carlos Martins Neto
Claudio Luiz de Miranda Bastos Filho
