ADMISSIBILITY OF THE APPEAL IN BANKRUPTCY: END OF THE IMPASSE ON ITS APPLICABILITY WITH THE AMENDMENTS AND INCLUSIONS OF LAW No. 14.112/2020

Abstract

The civil procedural law of 2015 guides the admissibility of resources to alleviate conflicts of interest, however, in certain actions, the guidelines of special laws prevail, such as the case of judicial reorganization and bankruptcy of a business debtor. In times of insolvency, whether recoverable or not, there are many applicable institutes and there are several possibilities for filing appeals that are not always received and provided by the judiciary. In this sense, this study aims to analyze the admission of appeal, involving an interlocutory appeal, focusing on the legal nature and the exhaustive list, considering the paradigms of ordinary and special laws - regulating recovery and bankruptcy. The production was guided by dialectical and deductive hypothetical methods, qualitative research methodology and techniques of studies in primary and bibliographic sources of law, which allowed analysis and interpretation of the use of the resource. The study allowed us to conclude that the changes made to the reorganization and bankruptcy law, in 2020, about the admissibility of the interlocutory appeal, was already fully applicable, as the fundamentals of majority doctrine and pacified jurisprudence were elucidated in this case real and recent, confirming the pertinence of the appeal, in addition to other decisions involving this important branch of law, the business.