UMA NOVA PERSPECTIVA DA CESSÃO FIDUCIÁRIA DE DIREITO CREDITÓRIO NO ÂMBITO DA RECUPERAÇÃO JUDICIAL

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The present article aims to elucidate the negotiation given by the doctrine and jurisprudence, the fiduciary assignment in the scope of judicial recovery. Previously, it provides a brief tour of the history of the default event. It then presents Law 11,101 of 2005, also called LFRE, which deals with Bankruptcy and Judicial Recovery, the latter being the focus of the article. Also, it addresses the fiduciary property, mentioned in art. 49 § 3 of the LFRE, shows its operation and can be recovered. Subsequent to the general objective, which is analyzed in the fiduciary assignment, is subordinated to the reorganization mechanism of the company contemplated by Law 11,101 / 2005. The specific purpose, the arguments favoring non-adherence to the fiduciary credit to the recovery regime, the adoption of a rule of law and legal certainty. Demonstrate, as favorable justifications for the debtor company, a way of unlocking the data promised in any fiduciary assignment agreement of credit right, based on the Principle of Maintaining the Producing Source. Also, present a perspective that dialogues with the two previous understandings and aims at balancing the interests to resolve the conflict highly judicialized. Information is justified because it is a legal issue of private law, but it impacts the market as a whole. Why question the patrimonial situation, judicial, judicial, judicial, judicial, district, judicial or judicial. For more information on bibliographical consultation in legislation, legislation, jurisprudence and articles.