FINANCIAMENTO DE EMPRESAS EM RECUPERAÇÃO JUDICIAL NO BRASIL

Abstract

The present paper aims to examine the financing mechanisms available to companies undergoing economic and financial distress, emphasizing their relevance to the effectiveness of judicial reorganization proceedings. The research is justified by the need to understand that credit stimulation for companies in reorganization must take into account the social function of the enterprise and the necessity of mechanisms that ensure its continuity, even in periods of financial hardship, so as to preserve jobs, maintain tax revenue, and sustain economic activity. The methodological approach consists of bibliographical and documentary research based on specialized scholarship, scientific articles, and the applicable legislation. The study analyzes the theoretical grounds that justify judicial intervention in business restructuring, the development of Brazilian insolvency legislation, and the innovations introduced by Act No. 14,112/2020, particularly with regard to the role of the debtor-in-possession financer. The conclusion is that fostering access to credit and enhancing legal certainty for financers represent a significant advancement in the Brazilian insolvency framework, contributing to more efficient debtor restructuring and effectively implementing the principle of enterprise preservation embedded in the Brazilian legal system.