The Universal Subject Matter Jurisdiction in Bankruptcy Proceedings to rule on matters interfering in the assets of bankruptcy estate or the company in judicial reorganization

Alexandre Naser De Melo, Suzana Valenza Manocchio Petry, Ricardo Andraus, Inor Silva Dos Santos, Felipe Pustilnick


[extract] This article aims to demonstrate the concept of Universal Subject Matter Jurisdiction in Bankruptcy Proceedings in the Brazilian legal system, showing the prevalence of bankruptcy jurisdiction at the expense of civil, labor, fiscal and criminal jurisdictions, as a form of protection of the collective interests of creditors, in the hierarchical order established in law.

Cases of exception will also be a matter of this study, in which actions directed against the bankrupt economic group, or the insolvent company, are subject to the ordinary rules of jurisdiction, as well as the special judicial protection granted to assets that are essential to the continuity of the operations of the company in Judicial Reorganization.

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