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The criminal reinforcement in the sphere of the Bankruptcy and Judicial Reorganization Act (Lei n. 11.101/2005): analysis of judicial cases tried in São Paulo, SP, Brazil (2012-2014)

Grant number: 15/20734-4
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): January 01, 2016
Effective date (End): December 31, 2016
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Eduardo Saad Diniz
Grantee:Marina Oliveira Teixeira dos Santos
Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Bankruptcy and judicial reorganization proceedings of entrepreneurial companies and of entrepreneurs have a high degree of economic and social impact. A company's insolvency reflects directly in many social groups, as workers and consumers, as well as in the supply chain. In the sphere of the Bankruptcy and Judicial Reorganization Act (Lei n. 11.101/2005), conducts that already affect society and the market are protected by a criminal reinforcement with the incidence of serious penalties. According to this context, this research seeks to (1) identify the main features of the Economic Criminal Law that lies in Brazil's Lei n. 11.101/2005: its incidence, necessity and capacity of stabilization; and (2) certify, with empirical analysis of selected Judicial cases, the interaction between Criminal Law and Bankruptcy Law and the incidence of criminal law in bankruptcy and judicial reorganization proceedings tried in the city of São Paulo, Brazil, between the years of 2012 and 2014.

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