Name: GUILHERME DALMONECHI THOMPSON DE PAULA
Publication date: 06/06/2020
Advisor:
Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Internal Examiner * |
| RODRIGO REIS MAZZEI | Advisor * |
| TIAGO FIGUEIREDO GONÇALVES | Internal Examiner * |
Summary: The Law n. 11.101/05 carries in its structure rules of material law
and rules of procedural law (extravagant legislation), in such a way that the
relations established there are more complex than the existing studies of
this legislation. This, considering that the studies are limited to two
fields of the science of Law, namely, material law and civil procedural law.
It turns out that this segmentation ends up not giving Law n. 11.101/05, the
appropriate treatment. The specific doctrine of Commercial Law performs the
analysis with the main element of substantial law, without entering into more
in-depth discussions about the procedural aspects that permeate the diploma.
Processualists, on the other hand, carry out the analysis based on
peculiarities of concrete cases, when doubts are raised by the materialists.
Under this focus, the present work proposes to carry out the
interdisciplinary analysis of Law no. 11.101 / 05, having as its general
object the identification of elements and peculiarities related to the
substantial right, protected by the bankruptcy procedure, which may - or not
- authorize its treatment within the Brazilian collective procedural
microsystem. As such, and if the insertion of the special bankruptcy
procedure is identified within the Brazilian collective procedural
microsystem, systematic interpenetration and subsidization will be possible.
For this reason, the work proposes to analyze the inflows of this new
procedural model (bankruptcy collective process) on the institute of
extraordinary legitimation, with emphasis on the performance of the public
prosecutor as an extraordinary legitimate.
