Open AccessAPLICAÇÃO DO CRAM DOWN NO ORDENAMENTO JURÍDICO BRASILEIRO
Author(s) -
Cristiane Akemi Perigolo Tsujiguchi,
Joao Vasconcelos
Publication year - 2018
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2018.v02.nesp2.s0269
Subject(s) - jurisprudence , subject (documents) , political science , theme (computing) , law , law and economics , sociology , computer science , library science , operating system
This article aims to demonstrate the power of the judge and the application requirements of thecram down institute, originally North American and adapted to Brazilian law. The theme wasintroduced with the possibility of a company facing a crisis and using the judicial recovery processto resume the regular exercise of the economic activity explored. From the judicial recoveryprocess, the cram down institute was approached, which can be found in the deliberative phase ofthis process and which has been the subject of doctrinal discussions and the formation ofjurisprudence on the subject in Brazil. The characteristics of the institute were presented in itsoriginal and adapted form in the Brazilian legal system and analyzed its application relativized bythe principles of recovery law