Análise do instituto da consolidação substancial de empresas no Brasil

Abstract

The present study has as its scope to analyze the Institute of SubstantiveConsolidation of Companies in Brazil, which had been applied by jurisprudence anddoctrine before its positivization, made by the Reform of Law 11.101 / 2005,introduced by Law 14.112 / 2020, due to the need emerged by the growing number ofEconomic Groups in business activity, which demanded a legal solution formulti-societal companies in economic and financial crisis. With this in mind,theoretical and conceptual research was carried out into the material consolidation ofthese companies, with the pooling of assets and liabilities of debtor companies thatare part of an economic group, going through its history and differentiating it fromprocedural consolidation, as well as examining case law and concrete cases.Thus, it was possible to establish in a theoretical and practical way the requirementsfor its application and recognition by the Judiciary and how its legal interpretation hasbeen carried out.Finally, the paper explores the consequences of the application of substantiveconsolidation, with the breakdown of the equity autonomy of the companies thatmake up the economic group, both within the scope of the judicial reorganizationprocess in its procedural perspective, and for the creditors of each company underjudicial reorganization