Previous Examination - An Analysis of its Applicability

Authors

  • Felipe Pustilnick Law Degree at UniBrasil, Lawyer and Specialist in Civil Law
  • Alexandre Nasser de Melo Graduation degree at PUC/PR, Lawyer, Trustee and Specialist in Business Law
  • Nailia Aguado Ribeiro Franco Law Student at PUC/PR
  • Nicolas Macedo de Richter Law Student at UP

Abstract

The objective of this article is to demonstrate, besides the phatic crisis of the Brazilian economy, the function, the applicability and limits to the power conceived by Law to the Judge when designating the Previous Examination on the proceedings of Judicial Reorganization and also to demonstrate the influences that this may cause in its factual and legal aspects. 

Before entering the practical aspects of the Previous Examination, it is necessary a brief contextualisation about the economic crisis in Brazil and also an analysis of the Judicial Reorganization as a mechanism to overcome the economic and financial crises which are affecting Brazilian Companies. 

Using a historical and legal background, this article analyzes practical aspects of the Previous Examination and its effectiveness in improving the proceedings by verifying the empirical data when deciding whether to rule in favor of the Judicial Reorganization.

Author Biographies

Felipe Pustilnick, Law Degree at UniBrasil, Lawyer and Specialist in Civil Law

Law Degree at UniBrasil, Lawyer and Specialist in Civil Law

Alexandre Nasser de Melo, Graduation degree at PUC/PR, Lawyer, Trustee and Specialist in Business Law

Graduation degree at PUC/PR, Lawyer, Trustee and Specialist in Business Law

Nailia Aguado Ribeiro Franco, Law Student at PUC/PR

Law Student at PUC/PR

Nicolas Macedo de Richter, Law Student at UP

Law Student at UP

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Published

2019-02-18

How to Cite

Pustilnick, F., Nasser de Melo, A., Aguado Ribeiro Franco, N., & Macedo de Richter, N. (2019). Previous Examination - An Analysis of its Applicability. International Journal of Insolvency Law, 3, 41–66. Retrieved from https://ojs3.imodev.org/?journal=IJIL&page=article&op=view&path[]=282

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