Co-Plaintigff in Judicial Reorganization

• Main Authors: Liliane Gonçalves Matos, Lívia Ximenes Damasceno
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2016-12-01
• Series: Revista Brasileira de Direito Empresarial
• Subjects: Recuperação Judicial; Grupo Econômico; Litisconsórcio Ativo
• Online Access: http://www.indexlaw.org/index.php/direitoempresarial/article/view/1281

The aim of the study it was to analyze the possibility of the economic group file a single request for judicial reorganization. Concerning the methodology, the study is a descriptive - analytic research, analyzing the legal doctrines and jurisprudence about the subject. It has been shown that the reorganization of groups, instead of separated companies may result benefits, as a company of the group can help to recover the others that are facing difficulties, but there is the possibility to create a negative incentive for the development of global business activity. It was concluded that the active joinder in bankruptcy is feasible, but it would be more prudent for each group company present its own reorganization  plan.