Reforma da Lei de Falências: criação da mediação judicial antecedente com suspensão da exigibilidade das obrigações do devedor

Abstract

One of the innovations of the Reforma da Lei de Falências was the reassurance of alternative methods of conflict resolution in bankruptcy act procedures. Conciliation and mediation have already been applied to bankruptcy act procedures of business and the legislator fortified the importance of these institutions by the amend of the Lei 14.112/2020. This paper presents an analysis of a mediation procedure prior to the bankruptcy process by deferring on imposition of the debtor obligations by interim ruling. The research is based on the documentation available on the subject with literature revision. It was verified that the Reforma da Lei de Falências established several possibilities for mediation and conciliation, one of them being the alternative of deferring the lawsuits against the debtor for 60 (sixty) days in order to make it easier for both parties to come to an agreement. The Reforma da Lei de Falências ensured boundaries when applying the conciliation and mediation in bankruptcy act procedures, but without wearing out the issue, because it has provided a precedent for the mediation and conciliation process. Based on these results, it is concluded that the mediation modality addressed in this research must be followed according to the due legal action and it is meant for companies that have the requirements to ask for bankruptcy act, not being allowed to all and to any situation