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The present investigation has the purpose of analyzing the necessity or not of the registration of fiduciary alienation contract in guarantee of movable and immovable property under the Civil Code and the Law of Judicial Recovery and Bankruptcies. In order to do so, a survey began with the scrutiny of what would be the fiduciary alienation institute and its historical and legislative evolution, in order to analyze, as a hypothesis of exception of the credits to the regime of judicial recovery and its interpretation in light of the State Courts and of the Superior Court of Justice.

ALIENAÇÃO FIDUCIÁRIA DE BENS MÓVEIS, IMÓVEIS E RECUPERAÇÃO JUDICIAL – A (DES) NECESSIDADE DE REGISTRO PRÉVIO