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

Authors

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

Abstract

[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.

Author Biographies

Suzana Valenza Manocchio Petry

lawyer

Ricardo Andraus

lawyer

Inor Silva Dos Santos

lawyer

Felipe Pustilnick

lawyer

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Published

2018-05-16

How to Cite

Naser De Melo, A., Manocchio Petry, S. V., Andraus, R., Silva Dos Santos, I., & Pustilnick, F. (2018). 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. International Journal of Insolvency Law, 2, 81–112. Retrieved from https://ojs.imodev.org/?journal=IJIL&page=article&op=view&path[]=230

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