A cooperação judiciária em busca de maior eficiencia nos processos de insolvência empresarial

Abstract

This dissertation analyzes judicial cooperation as a procedural management technique aimed at rationalizing judicial activity in complex contexts, with particular attention to disputes involving corporate insolvency. Starting from the normative framework introduced by the Brazilian Code of Civil Procedure of 2015 and the resolutions issued by the National Council of Justice—especially CNJ Resolution No. 350/2020—the study investigates how judicial cooperation has been consolidated as an instrument capable of promoting efficiency, preventing contradictory decisions, and redistributing tasks among judicial bodies without violating the principle of the natural judge. The research examines contemporary legal scholarship on adequate jurisdiction, as well as the possibility of sharing jurisdictional competences through concerted acts for the performance of specific procedural acts, articulating these concepts with the universal jurisdiction of the insolvency court within the concursal system. Subsequently, a practical analysis is developed of cooperative acts entered into among different branches of the Judiciary, in order to demonstrate the feasibility of implementing an innovative model of institutional coordination, characterized by functional division of tasks, continuous flow of information, preservation of essential competences, and enhancement of procedural efficiency. It is concluded that judicial cooperation, when structured in accordance with criteria of adequacy and proportionality, constitutes an important mechanism for the modernization of justice and can significantly contribute to the efficiency of corporate insolvency proceedings, without compromising the guarantees inherent in the principle of the natural judge. Finally, it is suggested that judicial cooperation be implemented in highly complex insolvency proceedings, classified as structural litigation, insofar as such proceedings require a certain degree of procedural flexibility, provided that specific requirements are observed in order to delimit the hypotheses of its application in light of the principle of the natural judge.