Recuperação judicial da microempresa e da empresa de pequeno porte

Abstract

This thesis aims to analyze the legal recovery of microenterprise and small business under the Brazilian law, showing that other legislative texts can be applied, apart from 11.101/05, as the Complementary law 123/2007, which establishes the National Statute of Microenterprise and Small Business, and especially the principles of the Economic Order of the Constitution of the Federative Republic of Brazil . To this end, preliminarily, The Economic Order in the Federal Constitution was examined, as well as its principles with emphasis to item IX of art. 170 requiring a favorable treatment to small businesses. It shows that the vectors span the entire constitutional order, including the law 11.101/05 and mainly for the recovery of the microenterprise and small business. Secondly ,the National Statute of Microenterprise and Small Business was analyzed, showing how various articles protect this type of enterprise and how it should be applied to a legal recovery. Then, a judicial recovery was analyzed, mainly the applicable institutes to the special recovery of microenterprise and small business. The foreign legislation was studied and then some suggestions were given for the improvement of the Institute. Finally, it was showed the importance of a systematic interpretation of the recovery cases of microenterprise and small business, within the law and especially the11.101/05 and that is must be made under the statute of the Microenterprise and Small Business and the Constitutional Economic Order