Active joint in the judicial reorganization process regarding economic groups: a reflection on the changes arising from Law n. 14.112/2020

Abstract

Over the last few decades, there has been a great growth in the appearance of economic groups, mainly due to the capitalist system and the process of globalization. In this way, the need was felt to develop techniques for maximizing profits and reducing costs. Thus, this article deigned to briefly demonstrate the formation process of these groups, the implications and responsibilities of an economic group, as well as their classifications. The bankrupt legislative evolution was analyzed, highlighting the principles that govern and permeate the judicial recovery process. Finally, the legal institute of joinder was analyzed and the possibility of having an active joinder in the judicial recovery process, especially with regard to economic groups of law, demonstrating the advantages and disadvantages of having an active joinder in the recovery judicial system, based mainly on the reform brought about by Law n. 14,112/2020, which transformed the case law into a normative one, however, still highlighting the fragility of the respective Law on the subject.