IN DEFENSE OF THE EXTENSION OF THE FIELD OF INCIDENCE OF BUSINESS LAW IN THE CONTEXT OF THE NEW CORONAVIRUS PANDEMIC

FOR THE CONCESSION OF THE COMPANY’S RECOVERY TO OTHER PRIVATE AGENTS

Abstract

A new coronavirus pandemic causes a serious global economic crisis in 2020, leading many private agents to bankruptcy. In this chaotic context, an old question arose: finally, the benefit of the recovery of companies, foreseen in Law 11.101/05, is exclusive of the entrepreneurs? In an attempt to solve this problem-situation, based on the hypothesis that the mechanism of uplift should be extended to other agents, this text condenses the bibliographic research, the analysis of the phases of the historical development of Corporate Law, the investigation of the elements that characterize a figure of the entrepreneur, examining the constitutional foundations that support the hypothesis formulated and, finally, it also analyzes some important judicial precedents on the subject, which was done with the general objective of offering legal solutions to the chemical agents that were affected by the crisis. As for the results obtained, it was found that there is a tendency, in the case of jurisprudence, to authorize the processing of judicial recoveries by non-business agents, confirming the hypothesis formulated in the research.