Nova lei de falências dá mais poder a bancos

Por Folha Uol

A nova lei das falências do governo Michel Temer vai permitir que os bancos troquem a gestão e assumam o comando das empresas em recuperação judicial. Em geral, as instituições financeiras são os maiores credores nesses processos.

O projeto foi elaborado pelo Ministério da Fazenda e já está na Casa Civil, aguardando apenas a votação da reforma da Previdência para ser enviado ao Congresso.

A expectativa da área técnica é que a nova legislação entre vigor ainda na atual gestão, mas os empresários prometem mobilizar suas bancadas para alterar o projeto ou mesmo derrubá-lo por considerar a versão final mais um risco do que uma solução para um momento de dificuldades financeiras.

Segundo a última versão do texto, à qual a Folha teve acesso, o prazo para que o acionista controlador apresente o plano de recuperação de uma companhia é reduzido de 180 dias para 120 dias, sem a possibilidade de renovação.

Caso o devedor não consiga aprovar seu plano na assembleia de credores ou perca o prazo, credores que representem pelo menos 1/3 da dívida da empresa ganham o direito de apresentar seu próprio plano -o que pelas regras de hoje é vedado.

Além disso, se esse novo plano receber o aval da assembleia, a gestão da empresa é automaticamente destituída e os credores podem indicar novos administradores.

O ministro da, Henrique Meirelles, já disse publicamente que a nova lei de falências representa um “empoderamento” dos credores, para preservar a companhia e os empregos, em vez de proteger os acionistas devedores

Para advogados tributaristas, as mudanças beneficiam os bancos e prejudicam as empresas. “Caso essa lei seja aprovada, as empresas vão desistir de entrar em recuperação judicial e sangrar até falir”, diz Ivo Waisberg, do Thomaz Bastos, Waisberg e Kurzweil Advogados.

A atual lei de falências foi promulgada em 2005 e é considerada por especialistas um avanço em relação à legislação anterior, que não previa a recuperação judicial, mas apenas uma concordata.

A avaliação do atual governo, no entanto, é que os resultados não foram satisfatórios para os credores. Para cada R$ 1,00 que entra na recuperação judicial no Brasil, os credores recebem apenas R$ 0,25. Na Colômbia, chega a R$ 0,60, e a média na América Latina é de R$ 0,45.

A discussão da nova legislação começou em agosto de 2016 e foram ouvidos acadêmicos, advogados e associações de classe. A Febraban (Federação Brasileira de Bancos) participou ativamente do processo.

O novo projeto de lei tem 55 páginas e altera cerca de 80% da legislação atual.

“Pode mudar a lei inteira, o que traz enorme insegurança jurídica, porque uma legislação não é só o que está escrito na Constituição, mas também a jurisprudência que vai sendo criada”, diz Eduardo Munhoz, do E. Munhoz Advogados. Procurada pela reportagem a Febraban, entidade que representa os bancos, não se pronunciou.

RECEITA

Outro credor que ganha força no projeto de lei elaborado pelo Ministério da Fazenda é o fisco, que terá direito de pedir a falência das empresas e de impedir a venda de ativos.

Hoje os créditos fiscais ficam de fora da recuperação judicial, o que significa que não sofrem com os descontos que são aplicados a outros credores. Existe apenas um parcelamento em até 84 vezes. Na prática, no entanto, o fisco não tem recebido praticamente nada.

Isso ocorre porque os juízes vêm permitindo que as empresas não paguem os créditos fiscais para que possam ganhar fôlego financeiro.

Pela nova lei, o prazo do parcelamento também é alterado. Sobe para 120 vezes, mas o fisco ganha o direito de pedir a falência caso a dívida não seja paga.

Apesar de os créditos fiscais continuarem fora da recuperação judicial, as Receitas federal e estaduais terão voto na assembleia de credores e poderão impedir que a empresa venda ativos para levantar capital.

Se forem aprovadas no Congresso, essas novas regras podem ser utilizadas em recuperações judiciais em andamento. Técnicos do governo, porém, não acreditam que o projeto de lei seja promulgado a tempo de influenciar processos polêmicos como os da Oi e da Sete Brasil

319 comentários

  1. Hey! Do you use Twitter? I’d like to follow you if that
    would be okay. I’m undoubtedly enjoying your blog and look forward
    to new updates.

  2. I am not sure where you are getting your info,
    but great topic. I needs to spend some time learning more
    or understanding more. Thanks for excellent info I was looking for
    this info for my mission.

  3. wonderful issues altogether, you simply gained a logo
    new reader. What would you recommend about your submit that you just made a few days ago?
    Any positive?

  4. Hi there! I could have sworn I’ve visited this blog before but after going through a few of the articles I realized it’s new to me.
    Anyways, I’m certainly happy I discovered it and I’ll be bookmarking it and checking back often!

  5. Howdy! This article could not be written any better! Reading through this article
    reminds me of my previous roommate! He continually kept preaching about
    this. I am going to forward this information to him. Fairly certain he’ll have a very good
    read. Thanks for sharing!

  6. With havin so much content do you ever run into any issues of plagorism or copyright violation?
    My website has a lot of unique content I’ve either created
    myself or outsourced but it appears a lot of it is
    popping it up all over the internet without my authorization. Do you know any ways to help prevent content from being ripped off?
    I’d genuinely appreciate it.

  7. Hi everyone, it’s my first pay a visit at this web page,
    and piece of writing is genuinely fruitful designed for
    me, keep up posting these types of content.

  8. Today, I went to the beach front with my kids.
    I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed.
    There was a hermit crab inside and it pinched her ear. She never wants to go
    back! LoL I know this is completely off topic but I had to tell someone!

  9. First off I would like to say great blog! I had a quick question which I’d like
    to ask if you don’t mind. I was curious to know how you center yourself
    and clear your mind before writing. I have had a tough time clearing my
    thoughts in getting my ideas out. I do take pleasure in writing but it just
    seems like the first 10 to 15 minutes tend to be lost simply just trying to figure out how to begin. Any
    recommendations or tips? Thanks!

  10. Great blog! Do you have any tips and hints for aspiring writers?
    I’m planning to start my own blog soon but I’m a little lost on everything.
    Would you advise starting with a free platform like WordPress or go for a paid
    option? There are so many choices out there that I’m completely overwhelmed ..
    Any ideas? Bless you!

  11. Its like you read my mind! You seem to know so much about
    this, like you wrote the book in it or something.
    I think that you can do with some pics to drive the message
    home a bit, but instead of that, this is excellent blog.
    A fantastic read. I’ll definitely be back.

  12. I’m not that much of a internet reader to be honest but your blogs really nice, keep it up!
    I’ll go ahead and bookmark your site to come back later on. Many thanks

  13. Hi! I could have sworn I’ve been to this blog before but after going through many of the articles I realized it’s new to me.
    Anyways, I’m certainly happy I found it and I’ll be book-marking it and checking back
    regularly!

  14. I don’t even know the way I finished up right here, however I believed this
    post was good. I don’t understand who you are however certainly you
    are going to a well-known blogger if you happen to are not already.
    Cheers!

  15. Heya i’m for the first time here. I came across this board and I find It really useful & it helped me out a lot.
    I hope to give something back and aid others like you helped me.

  16. What’s up it’s me, I am also visiting this site on a regular basis,
    this web site is genuinely pleasant and the people are really
    sharing fastidious thoughts.

  17. Please let me know if you’re looking for a article
    author for your weblog. You have some really great posts and I feel I would be a good
    asset. If you ever want to take some of the load off, I’d love to write some articles for your blog
    in exchange for a link back to mine. Please shoot me an e-mail if interested.
    Cheers!

  18. I blog quite often and I genuinely thank you for your information. This article has truly peaked my interest.
    I will take a note of your site and keep checking
    for new information about once a week. I subscribed to your RSS
    feed too.

  19. Wow, marvelous weblog structure! How lengthy have you
    ever been running a blog for? you make blogging look easy.
    The total look of your web site is fantastic, as neatly as the content material!

  20. you are in reality a good webmaster. The website loading velocity is
    amazing. It seems that you are doing any unique trick.
    Furthermore, The contents are masterwork. you’ve done a great activity
    in this matter!

  21. Hey there would you mind letting me know which webhost you’re utilizing?

    I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads
    a lot faster then most. Can you suggest a good web hosting provider at a fair price?
    Thanks, I appreciate it!

  22. I do believe all of the ideas you have presented on your
    post. They are very convincing and will certainly work.
    Nonetheless, the posts are very brief for starters.
    Could you please lengthen them a little from subsequent time?
    Thanks for the post.

  23. Hey there! I’ve been following your website for some time now and finally got
    the bravery to go ahead and give you a shout out from Huffman Tx!
    Just wanted to say keep up the excellent job!

  24. This is very interesting, You are a very skilled blogger.

    I’ve joined your rss feed and look forward to seeking more of your excellent post.
    Also, I’ve shared your website in my social networks!

  25. I just like the valuable information you supply in your articles.
    I will bookmark your weblog and take a look at again here regularly.
    I am rather sure I will be informed lots of new stuff right right here!
    Best of luck for the following!

  26. Appreciating the commitment you put into your blog and in depth information you
    provide. It’s awesome to come across a blog every once in a while
    that isn’t the same outdated rehashed information. Excellent read!
    I’ve bookmarked your site and I’m adding your RSS feeds to my Google
    account.

  27. I do not even know how I finished up here, but I thought this put up was great.

    I do not recognize who you might be but definitely you are going to
    a well-known blogger if you are not already. Cheers!

  28. I have been browsing online more than 4 hours today, yet I never found any interesting article like yours.
    It’s pretty worth enough for me. Personally, if all site owners
    and bloggers made good content as you did, the web will be a
    lot more useful than ever before.

  29. I’m curious to find out what blog platform you are working with?
    I’m experiencing some minor security issues
    with my latest website and I would like to find something more safe.
    Do you have any recommendations?

  30. Hi there every one, here every person is sharing these know-how, so it’s pleasant to read this blog, and I
    used to pay a visit this website every day.

  31. Have you ever considered about adding a little bit more than just your articles?
    I mean, what you say is important and all. Nevertheless think of if you added some great visuals or video clips to give your posts more, “pop”!

    Your content is excellent but with pics and video clips, this website could definitely be one of the best in its niche.

    Fantastic blog!

  32. I like the helpful information you supply to your
    articles. I will bookmark your blog and test again here frequently.
    I am rather certain I’ll learn a lot of new stuff
    right right here! Good luck for the next!

  33. Oe884n You can certainly see your enthusiasm in the work you write. The world hopes for more passionate writers like you who aren at afraid to say how they believe. At all times go after your heart.

  34. It’а†s really a nice and useful piece of information. I’а†m satisfied that you shared this useful information with us. Please keep us up to date like this. Thank you for sharing.

  35. I will immediately seize your rss feed as I can not to find your e-mail subscription link or newsletter service. Do you ave any? Kindly allow me recognize in order that I may just subscribe. Thanks.

  36. Well I definitely enjoyed reading it. This post procured by you is very effective for accurate planning.

  37. This is really interesting. Thanks for posting it. By the looks of the comments, many others think so too.

  38. This excellent website certainly has all the info I wanted concerning this subject and didn at know who to ask.

  39. Thank you, I ave recently been looking for info about this subject for ages and yours is the best I have discovered so far. But, what about the conclusion? Are you sure about the source?

  40. It as really a great and useful piece of information. I am glad that you shared this helpful info with us. Please keep us informed like this. Thank you for sharing.

  41. Terrific work! This is the type of information that should be shared around the internet. Shame on Google for not positioning this post higher! Come on over and visit my website. Thanks =)

  42. You ave made some good points there. I looked on the web to find out more about the issue and found most individuals will go along with your views on this site.

  43. Your style is unique compared to other folks I have read stuff from. Thank you for posting when you ave got the opportunity, Guess I all just book mark this blog.

  44. This very blog is without a doubt entertaining and amusing. I have chosen many useful things out of this amazing blog. I ad love to go back again soon. Thanks!

  45. This blog is definitely cool and also informative. I have chosen a lot of useful things out of it. I ad love to go back again soon. Thanks a lot!

  46. This is really interesting, You are a very skilled blogger. I ave joined your rss feed and look forward to seeking more of your wonderful post. Also, I ave shared your website in my social networks!

  47. you by error, while I was browsing on Askjeeve for something else, Anyhow I am here now and would just like

  48. Pingback: coupon for cialis
  49. This very blog is obviously educating and besides amusing. I have found a lot of handy tips out of it. I ad love to go back again and again. Thanks a bunch!

  50. I will immediately snatch your rss as I can not in finding your e-mail subscription link or e-newsletter service. Do you ave any? Please allow me realize so that I could subscribe. Thanks.

  51. This page definitely has all of the information and facts I needed about this subject and didn at know who to ask.

  52. Your style is so unique in comparison to other folks I have read stuff from. Many thanks for posting when you ave got the opportunity, Guess I all just book mark this site.

  53. Major thanks for the article post.Really looking forward to read more. Really Great.

  54. Some genuinely nice and utilitarian information on this internet site, too I believe the design contains superb features.

  55. Rattling fantastic information can be found on weblog. I believe in nothing, everything is sacred. I believe in everything, nothing is sacred. by Tom Robbins.

  56. please visit the internet sites we adhere to, like this one particular, because it represents our picks in the web

  57. This is very interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your excellent post. Also, I ave shared your site in my social networks!

  58. That is a really good tip particularly to those fresh to the blogosphere. Brief but very accurate information Appreciate your sharing this one. A must read post!

  59. I was suggested this website by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my problem. You are amazing! Thanks!

  60. Pretty nice post. I just stumbled upon your blog and wished to say that I have really enjoyed browsing your blog posts. After all I will be subscribing to your feed and I hope you write again soon!

  61. Purple your site publish and liked it. Have you ever considered about visitor putting up on other associated blogs comparable to your blog?

  62. very handful of websites that happen to be detailed below, from our point of view are undoubtedly properly really worth checking out

  63. Your style is unique compared to other people I have read stuff from. Thank you for posting when you ave got the opportunity, Guess I all just bookmark this site.

  64. spelling issues and I to find it very troublesome to tell the truth however I will definitely come back again.

  65. I will immediately grab your rss feed as I can not to find your e-mail subscription link or e-newsletter service. Do you ave any? Please allow me realize so that I could subscribe. Thanks.

  66. Your style is very unique in comparison to other people I have read stuff from. I appreciate you for posting when you ave got the opportunity, Guess I all just bookmark this page.

  67. very couple of websites that happen to be in depth beneath, from our point of view are undoubtedly nicely worth checking out

  68. I think other web site proprietors should take this site as an model, very clean and great user friendly style and design, as well as the content. You are an expert in this topic!

  69. Superb Article My brother suggested I might like this web site. He was totally right. This post truly made my day. You can not imagine simply how much time I had spent for this info! Thanks!

  70. Nice blog here! Also your web site loads up fast! What host are you using? Can I get your affiliate link to your host? I wish my website loaded up as quickly as yours lol

  71. You made some clear points there. I did a search on the topic and found most guys will approve with your site.

  72. You can certainly see your enthusiasm in the work you write. The world hopes for even more passionate writers like you who aren at afraid to say how they believe. Always follow your heart.

  73. robe de cocktail pas cher i am in fact delighted to read this blog posts which includes lots of valuable facts, many thanks for providing these kinds of statistics.

  74. After study several of the web sites for your internet site now, and that i really like your way of blogging. I bookmarked it to my bookmark site list and will be checking back soon. Pls take a look at my site too and figure out what you think.

  75. This unique blog is no doubt entertaining and besides diverting. I have found many useful advices out of this amazing blog. I ad love to go back over and over again. Cheers!

  76. Keep up the superb piece of work, I read few articles on this site and I believe that your website is very interesting and has lots of good information.

  77. It’а†s actually a nice and useful piece of info. I’а†m happy that you simply shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  78. we like to honor lots of other world-wide-web web sites around the internet, even if they aren

  79. Wow, amazing blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your website is wonderful, as well as the content!

  80. Thanks for every other excellent article. The place else may just anybody get that type of info in such an ideal means of writing? I have a presentation next week, and I am at the look for such info.

  81. This unique blog is really awesome and also diverting. I have discovered many useful things out of it. I ad love to visit it every once in a while. Thanks a lot!

  82. plumbing can actually be a hardwork specially if you usually are not very skillfull in undertaking residence plumbing::

  83. Wow! This can be one particular of the most useful blogs We ave ever arrive across on this subject. Basically Magnificent. I am also an expert in this topic therefore I can understand your hard work.

  84. You can certainly see your enthusiasm in the paintings you write. The world hopes for more passionate writers like you who aren at afraid to mention how they believe. Always go after your heart.

  85. Real good info can be found on website. Even if happiness forgets you a little bit, never completely forget about it. by Donald Robert Perry Marquis.

  86. You certainly deserve a round of applause for your post and more specifically, your blog in general. Very high quality material!

  87. you are really a good webmaster. The website loading speed is amazing. It seems that you are doing any unique trick. Also, The contents are masterpiece. you have done a excellent job on this topic!

  88. This unique blog is obviously entertaining additionally diverting. I have discovered a bunch of useful things out of this blog. I ad love to go back every once in a while. Thanks a bunch!

  89. There may be noticeably a bundle to find out about this. I assume you made sure good factors in options also.

  90. It as not that I want to replicate your website, but I really like the style. Could you tell me which theme are you using? Or was it custom made?

  91. This is very interesting, You are a very skilled blogger. I ave joined your feed and look forward to seeking more of your wonderful post. Also, I have shared your website in my social networks!

  92. Pingback: viagra for sale
  93. I was suggested this website by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my difficulty. You are wonderful! Thanks!

  94. Right now it looks like Drupal is the top blogging platform out there right now. (from what I ave read) Is that what you are using on your blog?

  95. This very blog is without a doubt entertaining as well as amusing. I have picked up many helpful advices out of this amazing blog. I ad love to go back again soon. Thanks!

  96. It’а†s in reality a great and helpful piece of information. I am satisfied that you just shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  97. Pretty! This has been an extremely wonderful article. Thanks for providing this information.

  98. This website certainly has all of the information and facts I wanted about this subject and didn at know who to ask.

  99. Really appreciate you sharing this blog.Really looking forward to read more. Keep writing.

  100. Wow, fantastic weblog structure! How long have you been running a blog for? you made blogging glance easy. The entire look of your website is excellent, let alone the content!

  101. You made some clear points there. I looked on the internet for the issue and found most people will go along with with your site.

  102. It as really a great and useful piece of information. I am satisfied that you just shared this helpful info with us. Please stay us up to date like this. Thank you for sharing.

  103. Wow, marvelous blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is wonderful, as well as the content!

  104. It as difficult to find well-informed people in this particular subject, however, you seem like you know what you are talking about! Thanks

  105. This website was how do I say it? Relevant!! Finally I ave found something that helped me. Appreciate it!

  106. There as certainly a great deal to learn about this subject. I love all the points you have made.

  107. Wow! Thank you! I continually wanted to write on my blog something like that. Can I include a fragment of your post to my site?

  108. Very good info. Lucky me I recently found your site by chance (stumbleupon). I ave saved as a favorite for later!

  109. Wow, superb blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is wonderful, let alone the content!

  110. What a funny blog! I really enjoyed watching this funny video with my family unit as well as with my colleagues.

  111. Very good information. Lucky me I discovered your site by chance (stumbleupon). I ave book-marked it for later!

  112. The article has really peaked my interest. I am going to take a note of your blog and keep checking for new details about once a week.

  113. You ave made some good points there. I looked on the web to find out more about the issue and found most individuals will go along with your views on this website.

  114. Very nice post and right to the point. I am not sure if this is actually the best place to ask but do you guys have any thoughts on where to get some professional writers? Thank you

  115. This is really interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your fantastic post. Also, I have shared your website in my social networks!

  116. Outstanding post, you have pointed out some wonderful details, I likewise believe this is a very great website.

  117. Simply a smiling visitor here to share the love (:, btw outstanding pattern. Make the most of your regrets. To regret deeply is to live afresh. by Henry David Thoreau.

  118. Very nice post and straight to the point. I don at know if this is actually the best place to ask but do you guys have any ideea where to get some professional writers? Thx

  119. Seriously.. thank you for starting this up. This web site is one thing that as needed on the web, someone with some originality! Here is my weblog useful reference

  120. You, my friend, ROCK! I found exactly the info I already searched all over the place and simply could not find it. What a great web site.

  121. Wow! This can be one particular of the most useful blogs We have ever arrive across on this subject. Actually Wonderful. I am also a specialist in this topic so I can understand your effort.

  122. You made some really good points there. I checked on the net for more information about the issue and found most people will go along with your views on this web site.

  123. Thanks a whole lot for sharing this with all of us you essentially know what you will be speaking about! Bookmarked. Kindly also visit my web page =). We could have a link exchange contract among us!

  124. Very nice article and straight to the point. I am not sure if this is actually the best place to ask but do you people have any thoughts on where to hire some professional writers? Thanks in advance

  125. Usually it as triggered by the sincerness communicated in the article I looked at. And on this article

  126. This very blog is without a doubt entertaining additionally factual. I have discovered helluva helpful stuff out of it. I ad love to come back again and again. Thanks!

  127. Wonderful article! We will be linking to this great content on our website. Keep up the great writing.

  128. I’а†ve recently started a web site, the info you offer on this website has helped me tremendously. Thanks for all of your time & work.

  129. You have remarked very interesting points ! ps decent site. I understand a fury in your words, But not the words. by William Shakespeare.

  130. You can definitely see your enthusiasm in the paintings you write. The sector hopes for more passionate writers like you who aren at afraid to mention how they believe. At all times follow your heart.

  131. Wow! This could be one particular of the most useful blogs We ave ever arrive across on this subject. Basically Great. I am also an expert in this topic so I can understand your effort.

  132. Wow, fantastic blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your web site is magnificent, let alone the content!

  133. We have joined your feed and show to seeking even more of your wonderful post. Also, We have shared your site with my support systems!

  134. It as difficult to find knowledgeable people on this topic, however, you sound like you know what you are talking about! Thanks

  135. You made some good points there. I looked on the internet for the subject and found most guys will approve with your website.

  136. Way cool! Some extremely valid points! I appreciate you writing this write-up and the rest of the site is also very good.

  137. Personally, if all site owners and bloggers made good content as you did, the web will be a lot more useful than ever before.

  138. There is noticeably a bundle to know about this. I assume you made certain good points in features also.

  139. You made some clear points there. I did a search on the issue and found most persons will go along with with your blog.

  140. Normally I do not learn post on blogs, however I wish to say that this write-up very pressured me to take a look at and do so! Your writing style has been amazed me. Thank you, quite nice post.

  141. Thanks a bunch for sharing this with all of us you really know what you are talking about! Bookmarked. Please also visit my web site =). We could have a link exchange contract between us!

  142. very handful of internet websites that transpire to become comprehensive beneath, from our point of view are undoubtedly very well really worth checking out

  143. Wow! Thank you! I always wanted to write on my blog something like that. Can I include a fragment of your post to my blog?

  144. Pingback: webcam porn hd
  145. When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get
    four emails with the same comment. Is there any
    way you can remove people from that service? Many thanks!

  146. Pingback: generic viagra
  147. Pingback: hrbusinesslive.com
  148. Pingback: whodoyou.com
  149. Pingback: 강남휴게텔
  150. Pingback: personal loans

Deixe uma resposta

O seu endereço de e-mail não será publicado.