A aplicação judicial do instituto do abuso de direito (de voto) no âmbito da assembleia geral de credores das empresas em recuperação judicial

Guimarães, Márcio Souza
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This paper analyses the judicial application of the institute of abuse of law, within the scope of the general assemblies of creditors of companies undergoing judicial reorganization. The study is divided into five sections. In the first, the work analyzes the abuse of law and its applicability to law 11.101/2005. In the second, an analysis of particular aspects of the referred law is undertaken. In the third and fourth sections, the empirical research data is presented and analyzed. In the fifth, conclusions are presented. In a critical and investigative view, it is argued, at the end, that, due to the abscence of a specific treatment of the institute in the law applicable, it has being applied, symptomatically, in an undue way, in disharmony to the particular aspects of the

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