BUSINESS RECOVERY AND SOCIAL FUNCTION: consensuality in mediation

a consensualidade na mediação

Abstract

The Brazilian insolvency system underwent significant reform with the enactment of Law No. 14.112/2020. Introducing numerous legislative innovations grounded in the balance between individual and collective interests, this reform has enabled greater celerity in corporate restructuring, offering a swift exit from crisis scenarios and the resumption of activities under healthy economic conditions. This study analyzes corporate recovery and its social function through the lens of consensus and mediation—modern conflict resolution methods provided for in Law No. 13.140/2015, the Civil Procedure Code, and the 1988 Federal Constitution. The objective is to demonstrate how amicable agreements preserve economic activity, alleviate the burden on the judiciary, and promote social peace, in contrast to traditional litigation. It is argued that fostering consensuality through mediation in corporate recovery aligns the interests of debtors and creditors, facilitating communication via a neutral mediator. This approach enables the construction of sustainable solutions, ensuring the preservation of jobs, production sources, human dignity (Art. 1, III, CF), the social function of the company and property (Art. 5, XXIII, CF), the economic order (Art. 170, CF), and the agile overcoming of crises.

Keywords: Corporate reorganization; Law No. 14.112/2020; Mediation; Consensus; Social function of the company.