Os institutos jurídicos da recuperação judicial de empresas e da falência

uma análise a partir de uma perspectiva econômica e gerencial

Abstract

Most corporate insolvency research analyzes reorganization and liquidation proceedings in the  context of insolvent business. However, we argue that an efficient and effective insolvency law must  also consider the effects of the rules and its application in the entire business market, in particular  regarding economic agents’ decisions of non-insolvent business. Therefore, we explore the courtsupervised  reorganization and the bankruptcy proceedings from an economic and managerial  perspective. We aim to highlight the ex-ante effects on business market which bankruptcy rules may  generate and the importance of economic incentive mechanisms to foster preventive solutions of  corporate insolvency.