O direito falimentar como instrumento de superação da crise empresarial e efetivação do direito humano ao desenvolvimento

Abstract

The main objective of this work is to study Bankruptcy Law and to understand if the institutes and guiding principles of the subject that deals with corporate insolvency have some kind of correlation with the Right to Development. In this way, all research aims to seek intersections between the institutes that aim to uplift the Company and the human right to development that is presented in its most varied meanings constructed throughout history. Focusing on the entire historical context of bankruptcy law, we can rescue the spirit by which it was conceived and seek to recognize in it, issues that are dear to the protection of human rights and more precisely to the right of development, thus highlighting the role of the company in the most varied economic and social contexts. The methodology used implied a review of the bibliographical and documental research, with the aim of perceiving the referred convergences through an extensive study of the specialized doctrine materialized in articles, theses, periodicals, news and quantitative data. In the end, it is proven that the purpose of bankruptcy law is not restricted to the preservation of the entrepreneur's profit, but enables the promotion of social well-being closely correlated to the continuity of business activity. Therefore, judicial reorganization and bankruptcy are presented as legal instruments related to the realization of human rights, as they guarantee an adequate economic scenario for the exercise of individual freedoms that enable the human right to development.