Previous Examination - An Analysis of its Applicability

The objective of this article is to demonstrate, besides the phatic crisis of the Brazilian economy, the function, the applicability and limits to the power conceived by Law to the Judge when designating the Previous Examination on the proceedings of Judicial Reorganization and also to demonstrate the influences that this may cause in its factual and legal aspects. Before entering the practical aspects of the Previous Examination, it is necessary a brief contextualisation about the economic crisis in Brazil and also an analysis of the Judicial Reorganization as a mechanism to overcome the economic and financial crises which are affecting Brazilian Companies. Using a historical and legal background, this article analyzes practical aspects of the Previous Examination and its effectiveness in improving the proceedings by verifying the empirical data when deciding whether to rule in favor of the Judicial Reorganization

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

[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