Economic analysis and(in) recovery process: a necessary methodological approach

Abstract

The objective of this article is to understand how the AED can contribute to the understanding of the so-called social function of the judicial process, in the context of recovery and bankruptcy proceedings. This will be done through a cross-sectional analysis of the issue; the bases of the economic analysis of law will be explained and how they apply to Brazilian bankruptcy law; observations will be made on the judicial recovery of the telephone company OI, taking into account conceptual instruments developed by the AED. This case was chosen because it was the second largest judicial recovery in the history of Brazil and because it has already been concluded. The methodology used in this article is the result of the combination of the content analysis model proposed by Bardin and an extensive bibliographic review. This study is particularly relevant in the Brazilian scenario due to the lack of research in the area. In a brief search of article databases such as HeinOnline, Google Scholar, SciELO, and the Capes Periodicals Portal, with the parameters “economic analysis of law”, or “AED”, and its combinations with the terms “bankruptcy law”, “judicial recovery”, “bankruptcy”, “recovery law”, we obtained only 18 different texts. Thus, we see a deficit in the national doctrine on the subject.