Intervenção judicial na administração de sociedades mediante a nomeação de interventores provisórios

Abstract

The present work aims to examine judicial intervention in the management of companies through the appointment of temporary intervenor, which is defined as an interim, precautionary measure through which a third party is nominated to intervene in corporate conflicts in order to minimize the adverse effects on the corporate functioning that may arise during the process. Despite the practical relevance of the matter and although the appointment of provisional interveners is already accepted in Brazilian jurisprudence, the measure lacks legal regulation, unlike various foreign legal systems that specifically regulate provisional intervention. The absence of clear regulation on intervention, its modalities, characteristics, circumstances of applicability, and, especially, its limits, raises doubts about its application for legal practitioners, contributing to a scenario of legal uncertainty. Therefore, the purpose of this study is to systematize judicial intervention through the appointment of provisional interveners in the Brazilian legal system and investigate the applicable legal and principle-based guidelines, in order to establish parameters for future legal regulation of the measure.