A insolvência transnacional a partir do direito internacional e do direito brasileiro: teorias, evoluções, aprimoramentos e desafios atuais

Abstract

Insolvency is a natural risk in any market economy and, increasingly, insolvency is producing effects beyond country borders. The main question that guides this work is whether Brazil has an adequate legal framework to deal with transnational insolvencies and, to what extent, are the new international legal cooperation mechanisms compatible with the traditional cooperation methods? The thesis is organized into two parts: the first, made up of the first three chapters, examines the topic of cross-border insolvency from the perspective of international law and the second, made up of the last two chapters, is dedicated to Brazilian law. At the end of the work, it was concluded that the incorporation of the UNCITRAL Model Law on Cross-Border Insolvency provided an adequate legal framework for Brazil to deal with insolvencies originating from abroad. The system is not perfect, but it is a clear improvement in relation to the previous situation in which Brazil provided little cooperation with insolvencies from other countries. Among the shortcomings, it is possible to mention the discriminatory treatment given to foreign credits under public law. The new system is based on the recognition of foreign proceedings, as opposed to the system of recognition of foreign decisions. The legislative reform is satisfactory, as we now have an effective legal basis to collaborate with foreign insolvencies, which we lacked until then. Furthermore, the new international legal cooperation instruments are compatible with Brazilian law and do not exclude the traditional cooperation methods.