Judicial Reorganization in Brazil: Balancing Creditors' Interests and Preventing Abuse of Voting Rights

This study analyzes the Brazilian Judicial Reorganization and Bankruptcy Law, which contributes to effective compliance with the basic precepts of the reorganization process, such as preserving the company and protecting creditors' claims. The research uses a qualitative approach and systematic interpretation to analyze information from bibliographical and jurisprudential research on the Cram Down Institute and the possible abuse of dissenting creditors' votes. The goal is to study the possible removal of the vote declared abusive and the consequent approval of the Plan via Cram Down, weighing up the principles of reorganization law, which are helpful for policymakers, scholars, managers, and other practitioners.

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Publication Details

Journal
Scientia. Technology, science and society.
Published
2025-05-01
DOI
https://doi.org/10.59324/stss.2025.2(5).06
Citations
2
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
7.82
Controls
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article

Judicial Reorganization in Brazil: Balancing Creditors' Interests and Preventing Abuse of Voting Rights

Murillo de Oliveira Dias, Mariana Vidaletti
2 citations
Scientia. Technology, science and society.
Corporate Insolvency and Governance
7.82
article

Judicial Reorganization in Brazil: Balancing Creditors' Interests and Preventing Abuse of Voting Rights

Murillo de Oliveira Dias, Mariana Vidaletti
article en
2 citations

Abstract

This study analyzes the Brazilian Judicial Reorganization and Bankruptcy Law, which contributes to effective compliance with the basic precepts of the reorganization process, such as preserving the company and protecting creditors' claims. The research uses a qualitative approach and systematic interpretation to analyze information from bibliographical and jurisprudential research on the Cram Down Institute and the possible abuse of dissenting creditors' votes. The goal is to study the possible removal of the vote declared abusive and the consequent approval of the Plan via Cram Down, weighing up the principles of reorganization law, which are helpful for policymakers, scholars, managers, and other practitioners.

Scientia. Technology, science and society.Vol. 2(5)
Fundação Getulio Vargas (BR)
Openalex Percentile: Top 3%
Corporate Insolvency and Governance
7.82
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