A FALÊNCIA E OS MOTIVOS QUE ENSEJAM O PROCESSO E A RESOLUÇÃO NA ARBITRAGEM

Abstract

Bankruptcy law in Brazil, regulated by Law No. 11,101/2005, deals with the bankruptcy and recovery of companies, seeking to protect creditors and ensure economic stability. Bankruptcy occurs due to factors such as insolvency, mismanagement, falling sales and excessive debt. The bankruptcy process involves several stages, from the initial petition to the liquidation of assets or recovery of the company. The process is concluded when all obligations are fulfilled, either with the settlement of debts or the successful implementation of a recovery plan. In addition, arbitration has emerged as an alternative for resolving business disputes, being a faster and more confidential extrajudicial means, regulated by Law No. 9,307/1996. The arbitration award has the force of a final decision, and the procedure can be previously established in contracts or initiated after a dispute. Arbitration has established itself as an efficient mechanism for resolving disputes over available assets, avoiding the slowness of the Judiciary.