Inovações e aplicações do Stay Period

Abstract

This article aims to analyze the anticipation of the stay period as a legal instrument within the scope of Corporate Law, considering the changes introduced by Law 14,112/2020. The stay period consists of a period of suspension of legal actions and executions against a company undergoing judicial reorganization, aiming at its preservation and the development of a viable recovery plan. However, the anticipation and extension of this institute have been subject to controversies and disputes due to the possibility of being used as a strategy to delay the process or generate legal uncertainty. Given this context, the research seeks to analyze the legal security of creditors in the anticipation of the stay period, considering the application of the previous bankruptcy law and the interpretation of judges regarding Law 14,112/2020. Emphasis will be placed on the benefits of anticipating the stay period for the principle of company preservation, as well as the potential harms this measure can bring to the judicial reorganization process and the creditors' interests. The methodology adopted will be deductive, allowing for the analysis of consolidated theoretical concepts in Corporate Law and their application in specific cases. The research will draw from sources such as the Civil Code, the Code of Civil Procedure, specific legislation, doctrines, and case law related to Judicial Reorganization. It is worth noting that the information will be collected up until the date of the public defense, considering possible legislative and jurisprudential changes. It is expected that this study will contribute to a deeper understanding of the effects of anticipating the stay period in Corporate Law, providing insights for the formulation of efficient and fair legal solutions for companies and their creditors.