Os métodos adequados de solução de conflitos na solução de procedimentos falimentares

Abstract

This dissertation investigates the applicability, usefulness, and impacts of appropriate dispute resolution methods within the context of bankruptcy proceedings, which are known for their high complexity and significant delays. Although Law n.º 11,101/2005 establishes, in its article 75, §1, as recently amended, the principles of celerity and procedural economy as guiding principles for bankruptcy, practice reveals that such processes frequently extend for years, compromising the effectiveness of judicial protection and the interests of creditors, the debtor, and the community. Given this scenario, the object of this dissertation is to analyze how composition methods can contribute to overcoming these obstacles, promoting more efficient and collaborative solutions. Based on the analysis of concrete cases, such as the bankruptcy of the Varig Group and Probank Via-Telecom Group, as well as doctrines, judgments, and pronouncements, the compatibility of composition with bankruptcy procedures is examined. The results indicate that appropriate methods are fully compatible with the objectives of the bankruptcy process and are essential for resolving prolonged impasses, reducing costs, preserving economic value, and increasing the participation of those involved. It is concluded that composition, especially conciliation, constitutes a transformative instrument of bankruptcy law, contributing to a faster, more efficient bankruptcy process aligned with the contemporary aims foreseen in Article 75 of Law n.º 11.101/2005, by going beyond the mere liquidation of assets and promoting the satisfaction of the greatest possible number of creditors and mitigating the damages resulting from bankruptcy.