A influência do princípio da cooperação jurídica internacional como garantidor do princípio da territorialidade na recuperação judicial de empresas multinacionais

Abstract

The purpose of this study is to analyze the company as an organization that has an extreme social function, so it should be protected from the inherent risks of the activity. In this context, Law 11,101/2005 appears with an innovative institute, the Judicial Recovery, which enables the business society to continue exercising its economic activity. With the advent of globalization, such business entities have sought, even more, expend their territory, in order to achieve greater profitability, starting to operate in many countries. However, such multinational companies, as well as national ones, are also susceptible to endure a moment of economicfinancial crisis inherent to the activity that they carry out. Although, when the institute is required, sometimes they are frustrated by the non-recognition of the deferral of national judicial recovery by the others countries in which they operate. This study has a dogmatic nature, since it was intended to analyze theoretical and dogmatic premises about the lack in the current legislation concerning of transnational effects of judicial recovery to multinationals, limiting itself to apply the Principle of Territoriality, which will limit the effects of bankruptcy and judicial recovery to the country that granted it. This gap entails the aplication of different understandings regarding the transnational effects of the institute of judicial recovery, bureaucratizing and delaying the recovery of companies. Therefore, the Principle of Legal Cooperation appears as an suitable and effective resource to standardize the aplication of Principle of Territoriality, in order to ensure that the processing of recovery plan granted in Brazil is recognized and respected by the foreigner, keeping the Preservation of the Company Principle, as well as the maintenance of its social function.