A influência do neoliberalismo no sistema jurídico brasileiro : o atual regime de insolvência empresarial

Abstract

This study aims to analyze the new corporate insolvency regime (Law No. 11101 of February 9, 2005). It intends to demonstrate its relationship to neoliberalism, an ideology that influenced the International Monetary Fund IMF. The IMF then adopted neoliberal policies and began requiring the loan applicant States to do structural reforms. Legislative amendments have arisen as a result. The work traces the history of economic thought, from classical liberalism. The neoliberal doctrine, based on the minimal state intervention in economic relations, can be thus better understood. Given these theoretical premises, the research continues with an examination of the origin, structure, operation of the IMF and its stand-by arrangements. Stand-by arrangements is the name of one of the forms of money lending. They link the release of credit to the conditions imposed by IMF, accepted by the requesting countries by means of letters of intent. It should be noted that while serving the interests of the IMF, the new Brazilian corporate insolvency regime also sought to develop the social function of the company, with an emphasis on preservation, so far missing in the previous law.