Judicial recovery: the possibility of applying the cram down institute in the brazilian scope

Abstract

The business world is undeniably fraught with challenges, demanding innovative and swift solutions capable of bridging legal gaps and reshaping the most complex legal scenarios arising from business environments. Consequently, the application of Cram Down, a well-known institution in American law, has been considered within Brazilian procedural law. This article begins by exploring judicial recovery in Brazil, addressing its objectives, legal nature, and the parties involved in the process. Subsequently, it delves into Cram Down itself, examining its origins, concept, and methods of application in the American legal system. Finally, it analyzes how Cram Down operates within Brazilian procedural practice, emphasizing the conveniences it offers in the realm of judicial recovery plans and the continuous need for its adoption in business law.