A aplicação da repactuação de dívidas em substituição à recuperação judicial especial do microempreendedor individual

Abstract

The present work sought to analyze the Law No. 14.181/05, the so-called Overindebtedness Act, and the possibility of applying the institute of repatriation of debts in benefit of the individual microentrepreneur, the MEI, in replacement of the regime provided on the articles 70 to 72 of Law No. 11.101/05, that addresses the special judicial recovery, considering that it is an entrepreneur of great importance, responsible for a very significant economic contribution to the country, being endowed with greater vulnerability in comparison to other types of companies. In order to reach a conclusion, the doctrines involving the theme under discussion were used, there being a dialog between the classics and more recent articles on the subject. An analysis of the legislation was also performed in light of article 179 of the Federal Constitution and of the principles governing bankruptcy law, especially that of the preservation of the company, making it possible to achieve the conclusion that such application would be feasible, in order to overcome the crisis situation of the individual microentrepreneur.