Recuperação da Viver pode ter novo rumo

Por Valor Econômico

A recuperação judicial da Viver Incorporadora poderá tomar rumo bem distinto da condução que vem tendo até agora. Ontem, o desembargador Fabio Tabosa, da 2ª Câmara Reservada de Direito Empresarial do Tribunal de Justiça de São Paulo, deu seu voto referente a agravos do processo de ajuizamento da companhia.

Caso a decisão de Tabosa seja acompanhada pelos outros dois desembargadores da câmara, o impacto pode se estender, inclusive, ao formato da recuperação judicial da PDG Realty, que ainda não apresentou seu plano.

Em setembro, a Viver pediu recuperação judicial, propondo a consolidação substancial de todos os seus 64 projetos. O formato proposto pela incorporadora foi muito criticado por bancos e incorporadoras, com o argumento de que ia contra o patrimônio de afetação, instrumento que prevê a segregação entre ativos e passivos dos empreendimentos e os da companhia.

Em novembro, foi determinado que das 64 sociedades de propósito específico (SPEs) da Viver, as 16 com patrimônio de afetação precisariam de planos individuais e que os outros 48 projetos poderiam ser consolidados na recuperação da companhia.

No início de fevereiro, a Viver apresentou 17 planos de recuperação ­ um principal, para a holding e os 48 projetos sem afetação, e 16 para as SPEs com patrimônio afetado.

A Viver manteve o agravo apresentado em relação à consolidação substancial. Esse foi um dos cinco agravos julgados por Tabosa. Os demais foram apresentados pelos bancos Bradesco, Santander e Votorantim e pela família Cabral, também credora da incorporadora.

Com uma única explanação que reuniu sua análise a pontos de todos os agravos, o desembargador avaliou que cabe não à incorporadora, mas a uma comissão dos compradores das unidades de cada SPE com patrimônio de afetação definir o que deve ser feito em um cenário de insolvência. Por esse entendimento, a Viver não poderia, portanto, ter levado os empreendimentos afetados à recuperação judicial.

Não poderia haver também, de acordo com Tabosa, consolidação substancial de todas as SPEs em uma só recuperação judicial, como propõe o agravo apresentado pela Viver. O desembargador deferiu o agravo do Bradesco, que pedia que os empreendimentos com afetação não fossem incluídos na recuperação da companhia.

Tabosa disse ainda ter sentido falta de análise preliminar que aponte que todas as SPEs do grupo necessitam, de fato, recorrer à recuperação, pois pode haver alguma com situação de caixa melhor.

Diante da complexidade do assunto, os outros dois desembargadores fizeram pedido de vista ao processo. O voto deles ficou para o dia 12 de junho.

O valor total dos 17 planos de recuperação judicial da Viver é de R$ 1,2 bilhão, incluindo passivos com bancos e fornecedores, e dívidas trabalhistas. Em fevereiro, havia expectativa que a recuperação ocorreria em dois anos.

Procurada pela reportagem, a Viver preferiu não se pronunciar

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