Autonomia contratual e plano de recuperação judicial: análise da liberdade de elaboração do plano e suas cláusulas sob a ótica do controle judicial

Abstract

This article explores the interaction between contractual autonomy and judicial control in the context of the judicial reorganization plan, highlighting how the freedom to formulate the plan is balanced by judicial supervision. Using a literature review methodology with a qualitative approach, the study examines the flexibility granted to debtors to structure their reorganization plans according to their needs and the role of the judiciary in ensuring legal compliance and the protection of creditors' rights. The research reveals that, although contractual autonomy is crucial for drawing up effective and personalized solutions, it must be constantly moderated by judicial control to avoid abuses and ensure that the plan meets the requirements of economic viability and fairness. The study concludes that a dynamic balance between flexibility in the formulation of the plan and judicial supervision is essential for the success of judicial reorganization, promoting the sustainable restructuring of companies and the adequate satisfaction of creditors.