O tratamento da cessão fiduciária de direitos creditórios na recuperação judicial

• Ano de defesa: 2025
• Autor(a) principal: Flores, Carolina Fazzini Figueiredo
• Orientador(a): Nunes, Marcelo Guedes
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Recuperação judicial; Cessão fiduciária de direitos creditórios; Empresa
• Palavras-chave em Inglês: Judicial recovery; Fiduciary assignment of credit rights; Company
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/45222

This paper aims to analyze the legal treatment given to the guarantee of the fiduciary assignment of credit rights within the scope of the judicial recovery process, with the aim of analyzing it in light of the omission of the subject by Law 11.101/2005 and the need for interpretation through doctrine and jurisprudence. One of the most relevant themes of Law 11.101/2005 is the suspension of the debtor's actions and executions and the protection of capital assets considered essential for the company's activity, considering that from the effective date of this term, which occurs with the granting of the judicial recovery process, creditors and the debtor are granted a period in which dialogue and negotiation are encouraged and the debtor's assets and activity are preserved, including against creditors not subject to the judicial recovery process. However, due to the lack of express treatment of credit secured by fiduciary assignment of credit rights, extensive and restrictive interpretations have been developed by doctrine and case law to include this creditor in the legal exceptions, whether in relation to non-subject creditors or in relation to the protection of essential capital assets. This paper aims to deeply analyze such interpretations and the way in which the STJ case law currently addresses the issue, highlighting the different interpretations given to the legal provision. Based on this, this dissertation will move towards analyzing the practical consequences of these interpretations, including from the perspective of game theory, legal certainty and the impact on the credit market, recognizing that the lack of express confrontation of the law and the different interpretations of case law and doctrine do not seem capable of solving the difficult position of a creditor who, in isolation, may be the holder of a guarantee that represents a large part or all of the debtor's revenue. The work will propose a legislative reform that expressly addresses the fiduciary assignment of credit rights in the LREF, seeking a balance between the interests of the legislator brought by Law 11.101/2005, of the creditor in preserving his guarantee and of the debtor in preserving his activity