Análise dos institutos do fresh start e do discharge à luz do Bankruptcy Code de 1978 e algumas implicações no Brasil

This article examines the "fresh start" principle under the 1978 Bankruptcy Code in the United States and its implications for the Brazilian legal system, focusing on the comparison between the insolvency regimes of both countries. The analysis is based on the premise that the U.S. system prioritizes the reintegration of debtors, whether individuals or companies, into economic activity, while the Brazilian model, despite advancements introduced by Law No. 14.112/2020, remains hindered by legislative and cultural challenges. The study discusses the constitutional principles supporting the preservation of business activity and the dignity of debtors, illustrating how the "fresh start" principle relies on debt discharge to foster market reentry. It highlights the importance of instruments such as discharge and legislative reforms in Brazil to align insolvency law with principles of economic and social inclusion. The article concludes by advocating for legislative modernization in Brazil, inspired by the U.S. paradigm, to balance creditor protection with debtor recovery, fostering a more efficient and humanized legal system.