A mitigação do direito à propriedade privada, no direito da insolvência no Brasil

This study examines the mitigation of the right to private property within the context of insolvency law in Brazil. The objective is to demonstrate how state intervention, particularly under Law 11.101/05, is necessary to balance individual and collective interests during corporate economic and financial crises. The methodology employed is bibliographic research, based on doctrine, jurisprudence, and legislation. Initially, the study explores the historical evolution of private property, emphasizing the principle of its social function, which conditions its use to the common good. The company, as an expression of private property, must also fulfill its social role by generating jobs, taxes, and essential goods. The findings show that corporate patrimonial autonomy, when misused through fraud or abuse, harms creditors and disrupts market equilibrium. Law 11.101/05 provides proportional intervention measures, such as appointing observers, co-managers, or, in extreme cases, removing administrators. These graduated interventions ensure the continuity of viable business operations while curbing illicit practices. It is concluded that the mitigation of private property rights in the insolvency system is legitimate and essential, as it seeks to protect creditors, ensure the company’s social function, and promote economic development. The study reaffirms that such interventions do not violate fundamental rights but rather safeguard justice and balance within the business environment.