A preservação da microempresa e da empresa de pequeno porte em recuperação judicial como forma de proteção do trabalho e de fortalecimento da economia nacional

Abstract

The central objective of this thesis is to analyze the effectiveness and efficiency of the special reorganization of microenterprises and small businesses and to propose mechanisms for the construction of a new recovery model that becomes effective preservation of small businesses facing situation of economic and financial crisis, providing the protection of the fundamental right to work and the development of the national economy. Thus, initially, were presented the micro and small companies definition criteria, as well as, the legal and constitutional foundations of their protection, and then examined the main characteristics of small businesses and their socio-economic importance. The second time, it developed a brief history of bankruptcy law emphasizing the traditional dualism between the purpose of protection of creditors and debtors until reaching the analysis of the legal systems that define the preservation of the company as the main objective. Further to a historical approach of the Brazilian bankruptcy law was made, emphasizing the context of the current legal regime and, finally, the examination of the principle of preservation of the company and the viability of business activity. Then, the current legal treatment of microenterprise and small business was presented with the demonstration of the current frame of the small business crisis, and critique and procedimental analysis of special judicial recovery of micro and small businesses. In the last part of the work of propositional nature, it was first made an approach to transdisciplinary nature of the study and presentation of the assumptions of economic analysis of law. After these analyzes were presented as a scientific contribution, some proposals for the construction of a new and more appropriate recovery model for the preservation of micro and small businesses. Finally, the last part of the last chapter concludes with the discussion about the need, while not occur the reform the current system, to implement the scheme that currently prevails in support of effective preservation of microenterprise and small business. At the methodological level, considering the transdisciplinary nature of the studied object, different methods were used, but complementary, allowing a broader perception of the problem and possible solutions. Among the methods used, two constitute the pillars of this work: the hermeneutic phenomenological and analytical-economic deductive-inductive nature. In the complementary plan, other methods were used: the socio-economic-historical dialectic, systematic and based on principles.