Rio de Janeiro teve aumento de 524% nos pedidos de recuperação judicial

Por Simonato Pessoa

O número de pedidos de recuperação judicial no Estado do Rio de Janeiro passou de 95, em 2016, para 498 no ano passado, um aumento de 524%, segundo estatísticas do Tribunal de Justiça do Estado do Rio.

Esse número de 2017 equivalia a 35% do total de todas as recuperações judiciais do país, que foi de 1.420, segundo dados da Serasa Experian.

Nos três primeiros meses deste ano, os processos de recuperação judicial no Rio já chegam a 126.

Recuperação judicial é um processo pelo qual um empresário ou sociedade empresária que passa por dificuldades pode resgatar sua capacidade de solver compromissos e, consequentemente, prosseguir com suas atividades econômicas. O instituto está previsto na Lei 11.101/2015.

Tal situação tem como fundamento as inúmeras vantagens da sobrevivência de um empreendimento, principalmente razões econômicas e sociais

Trata-se de uma solução extremamente benéfica para todas as partes envolvidas, sejam proprietários, gestores, colaboradores, credores ou fornecedores da companhia.

Confira a seguir cinco desses benefícios!

1. FACILITAR O PAGAMENTO DE DÍVIDAS
O acúmulo de dívidas exigíveis no curto prazo pode ser um dos grandes empecilhos para a retomada da saúde financeira de uma empresa.

Semelhante situação prejudica o pagamento das obrigações necessárias ao funcionamento do negócio, inibindo sua fonte de receita. O que reflete, inclusive, na capacidade de arcar com o salário dos colaboradores.

Logo, uma das principais vantagens da recuperação judicial é a possibilidade de renegociar, postergar e alterar condições de dívidas, dando ao negócio o fôlego necessário para restauração de suas forças.

2. REALIZAR ACORDOS OU CONVENÇÕES COLETIVAS DE TRABALHO
A continuidade das atividades de uma empresa é benéfica tanto para os empregadores quanto para os empregados.

Por isso, a lei permite a celebração de acordos (pactos entre empresa e sindicato dos empregados) e convenções coletivas (pactos entre os sindicatos de empregadores e empregados) de trabalho.

Esses compromissos podem prever formas de pagar débitos atrasados, além de reduções temporárias de jornada e salário.

Logo, podemos dizer que são realizadas concessões recíprocas, a fim de assegurar a manutenção do empreendimento.

3. EVITAR PROCESSOS DE FALÊNCIA
Um dos problemas que empresas em crise devem enfrentar é a exposição aos pedidos de falência.

Entre outras hipóteses, o pedido de encerramento das atividades pode ser requerido por um credor, após a frustração de uma execução judicial ou pela impontualidade no pagamento de certas dívidas de mais de 40 salários mínimos.

Sucede que, um das vantagens de recuperação judicial é a imunidade aos pedidos de decretação da falência até o término das medidas de salvamento.

Com efeito, o processo traz tranquilidade para a continuidade das operações.

4. DIALOGAR COM OS CREDORES
O processo de recuperação judicial é colaborativo, de modo que existe intensa participação dos credores na busca por soluções, as quais também lhes são interessantes.

Nesse sentido, muitos acordos são realizados durante o seu curso, como a cessão de bens e estabelecimentos comerciais, o aluguel de itens, a participação nos lucros futuros e outras compensações para os débitos.

Tal benefício tem o impacto de reduzir o volume de dívidas, bem como de otimizar os recursos existentes.

Isso é possível, porque, diversas vezes, a retração das atividades permite que a empresa disponha de certos bens. Por exemplo, redução da frota de veículos, do número de filiais, da propriedade de terrenos etc.

5. SUSPENDER AÇÕES E EXECUÇÕES JUDICIAIS
Ao aceitar o pedido de recuperação judicial, o juiz suspende as ações judiciais e execuções contra a empresa por até 180 dias.

Tal benefício evita, além de bloqueios nas contas bancárias, a concessão de medidas cautelares em favor dos credores, como a penhora antecipada de bens.

Isso posto, considerando esse e os demais benefícios mencionados, podemos concluir que a recuperação judicial é um processo altamente vantajoso para as companhias em crise, especialmente por permitir sua oxigenação.

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