Recuperação administrativa de empresas públicas: limites e possibilidades no direito brasileiro

Abstract

Public companies have been studied extensively, through the analysis of the Federal Constitution with infraconstitutional legislation, especially Law No. 13,303 / 16, focusing on public companies that explore economic activity. These state-owned companies, which appear on the market, in direct contact with the private sector, must be subject to the legal regime proper to private companies, especially with regard to their civil, commercial, labor and tax rights and obligations, according to the provisions of Article 173 of the Major Law. In addition, it has been shown that a public company, as well as any other company, may experience periods of economic and financial decay. However, in spite of all the robust doctrinal theses that recognize the application of the bankruptcy law to public companies, these entities still cannot resort to judicial recovery, since art. 2º, I, law nº 11.101 / 05. Before these companies are not allowed to avail themselves of this benefit, administrative recovery was presented, which consists of an organization based on the management of the public company, goals and the elaboration of a management plan. The topic has relevance for the whole society, the country's economy and the lack of studies carried out on the subject made it possible to innovate in scientific knowledge when assessing whether there is a legal possibility for the public company to undergo an administrative recovery. For this, the theoretical descriptive methodology was used, as well as, dialectic.