CNJ cria grupo de para debater recuperações judiciais e falências

Por Conjur

“Excesso de burocracia, ineficiência e morosidade permeiam a vida de nossas empresas, desde sua criação até o encerramento de suas atividades”. Para debater soluções para esses casos, o Conselho Nacional de Justiça criou um grupo de trabalho que vai estudar boas práticas em processos de insolvência empresarial.De acordo com o presidente do CNJ, ministro Dias Toffoli, práticas já desenvolvidas e utilizadas por alguns juízes poderão ser universalizadas.

“De modo que outros magistrados passem a empregá-las, garantindo-se melhores resultados nesses processos que são tão importantes para a sociedade e para a economia do país”, diz.

Entre as propostas estão a execução de perícia prevista em processos de recuperação judicial para evitar a utilização fraudulenta ou de má-fé desse tipo de processo em prejuízo dos credores e da sociedade em geral, mediação entre credores e devedores e implementação pelos Tribunais de varas especializadas com competência regional, a fim de assegurar eficiência e melhores resultados nesses processos.

Na prática
Atualmente, o acúmulo de decisões judiciais conflitantes que comprometem a restruturação de empresas em recuperação judicial tem o nome técnico de conflito de competências, um dos temas a ser tratado pela Comissão.

Na prática, quando uma empresa em recuperação judicial, por exemplo, é condenada por um juiz do Trabalho a ressarcir ex-empregados que a acionaram judicialmente, o Poder Judiciário dá comandos divergentes à mesma parte.

O juiz manda penhorar bens da empresa para pagamento das dívidas trabalhistas, mas a empresa está impedida pela Justiça de ser executada enquanto durar a recuperação judicial.

Segundo Toffoli, a intenção é que sejam solucionados os problemas de previsibilidade das decisões judiciais, de segurança jurídica e de eficiência.

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