Mediação e recuperação de empresas: conexões e perspectivas

Abstract

This work seeks to analyze the legislative introduction of mediation as an alternative way of conflict resolution on the brazilian judicial reorganization procedure, taking into account the caracteristics of such procedure and also the culture of the parties involved. The attempt of the brazilian legislator is subtle and almost restrictive to the appeal of the incentive of the practice. For that reason, this study will examine the institutes, with emphasis on the aplication of mediation during the steps of the judicial reorganization procedure, looking to point out the benefits and obstacles that should arise because of the use of mediation. Regarding the methodology, the research will be performed using the utility bias, through the assessment of public information regarding the application of alternative methods of conflict resolution on the procedure of judicial reorganization. The use of public information is justified because such procedures are confidential. Hence, the study begins on the approach to the institutes of mediation and judicial reorganization, highlighting the change of paradigm of the latter, through a brief historic approach and also through the study of foreign law concerning the topic. This method is used to reach the conclusion of the effective suitability on the use of mediation on the judicial reorganization defined by the legislator through Law nº 14.112/2020. Furthermore, the use of mediation on the judicial reorganization before and incidental to the crisis process (including on the business conflicts) is also investigated. After that the research highlights the possible gains and challenges of the aliance of the institutes. After establishing the aforementioned connection, the study demonstrates the current environment of mediation and its peculiarities, highlighting the role of the mediator and the rules of the procedure. Lastly, the research concludes on the approach of mediation as an important mechanism of governance, which could be adopted by companies in debt during moments of crisis. The dogmatic analysis allowed to find the connections and perspectives of mediation applied to judicial reorganization, by the way of the recent legislative modification in Brazil and also through the observation of the foreign experience (on what could be implemented on Brazil). Lastly, it was concluded that the mediation is a worthy and promising alternative for the parties to reach the ressignification of the conflict, in a fastly manner than the usual and also with lower costs.