Acesso à justiça para empresa em crise : sistema multiportas e os mecanismos pré-insolvência e design de sistemas de disputas

Abstract

The purpose of this dissertation is to carry out a critical analysis of the Multiport System in the Brazilian legal system. The general objective of the research is to demonstrate the importance of the Multiport System for overcoming the economicfinancial crisis of the viable company and for a consensual culture in the competitive environment. The methodological cut of the theme was established as a focus on the Multiport System in the Brazilian insolvency regime carried out in the normative microsystem of methods of treatment of insolvency conflicts, material by Resolution nº 125/2010­CNJ, Recommendation nº 271­CNJ , Law nº 9.307/96 (Arbitration Law), Law No. 13.140/2015 (Mediation Law), Law No. 13.105/2015 (Civil Procedure Code), in accordance with Recommendations No. 58/2019­CNJ and No. 71/2020­CNJ and Law No. 11.11/2020, amended by Law No. 14.112/2020 (Reorganization and Bankruptcy Law). The method used was the hypothetical­deductive, with bibliographic research and analysis of norms. The questions that were sought to be answered were: (i) Does the Multiport System was consolidated in the 2020 reform offer mechanisms to overcome the economic­financial crisis of the viable company? and (ii) Does the 2020 reform provide means for consolidating the consensual culture in the competitive environment and for social pacification? The dissertation was the strongest in three chapters, with the objective of building a theoretical basis for solving these problems. Chapter 1 addresses access to justice as a human and fundamental right; the three renewal waves of access to justice portrayed in the work Access to Justice by Mauro Cappellette and Bryant Garth and the expansion by the fourth, fifth, sixth and seventh waves presented by the Global Access to Justice Project, under the general coordination of Alan Peterson, Bryant Garth, Cleber Francisco Alves, Diogo Esteves and Earl Johnson Jr. How the three waves were deployed in Brazil; and, about the Brazilian adversarial culture and the insolvency regime. Chapter 2 presents the consolidation of the Multiport System in the Brazilian legal regime and in the insolvency regime. Discusses about the doors and methods of conflict resolution available to overcome the debtor's economic­financial crisis. It presents some of the actors that militate in the area of insolvency (judge, lawyer, judicial administrator and the mediator), giving a brief explanation about the schools of mediation. Finally, Chapter 3 explains about the Multiport System in the insolvency regime, materialized in the mini­system for dealing with problems of business interests. Two mechanisms are presented to help overcome the financial economy of the viable company: the pre­insolvency system and the Dispute Systems Design. It also describes a case study: “The Qualycare Case”. The purpose of presenting this case is because it represents an example of an interconnection mechanism between pre­insolvency and Dispute Systems Design. It ends by emphasizing the importance of the posture of the actors of the insolvency regime for the sedimentation of consensuality