Abstract

COSTA, Daniel Carnio  and  COELHO, Cristiano de Castro Jarreta. SITUATIONS THAT WOULD DEMAND INCIDENCE OF THE PUBLIC POLICY EXCEPTION ON CROSS-BOARDER INSOLVENCY IN BRAZIL - THE ARTICLE 167-A, § 4º, OF THE BILL 11.101/2005, INCLUDED BY BILL 14.112/2020. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.387-398.  Epub Sep 10, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.17.

Brazil internalized UNCINTRAL’s Model Law through bill 14.112/2020, act that aims, among others, cooperation between the courts that deal with the insolvence of a cross-board company. However, it was also internalized the exception of public policy, mechanism that allows a brazilian judge deny recognition of a foreign insolvence suit that is manifestly contrary to the public policy. This paper is framed from a finding that the approval of that bill is an international commitment adopted by the country and that the exception of public policy is a compromise of the country with its own civilization standards. From this premise, our propose is, with an empiral methodology, construct examples of manifestly contrary to the public policy. The aim desired, therefore, is establish theorical models of an appropriate application of the public policy exception.

Keywords : Business Law; Cross-boarder Insolvency; Model Law UNCITRAL; Public policy exception; Construction of concrete hypotheses; Recognition; Foreign Suit; Denying recognition; Article 167-A, § 4º. Bill 14.112/2020;.

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