Intervenção normativa do estado no domínio econômico e o acesso à justiça para pequenas empresas em crise: repercussão da recuperação judicial especial no Rio Grande do Norte

Abstract

The normative intervention of the State at the Economic Domain is an important instrument in order to guarantee the access of justice for small businesses. In this context, in times of economic, financial, property or health crisis, the State can act as an agent that promotes the economy, with the purpose of guaranteeing the continuity of these companies’ categories due to their socioeconomic relevance. The institute used by the legal system which has this purpose is the judicial reorganization, created by Law 11.101/05. In this sense, the present work aims to analyze the constitutional principles linked to the economic order, as a theoretical basis for the diagnosis of the state intervention’s forms under the Economic Domain, analyzing its objectives and modalities, from the perspective of an agent that promotes the economy. Afterwards, it is intended to relate the access to justice granted to micro and small businesses, through normative intervention under the light of special judicial reorganization. Finally, a quantitative research will be carried out in order to diagnose the effectiveness of this institute at Rio Grande do Norte. Therefore, the objective of this study consists to analyze, within an eminently legal perspective, the legal and normative intervention of the State in the Economic Domain and the access to justice granted to small businesses at the State of Rio Grande do Norte. The chosen theme is important given the current socioeconomic context, considering the political-economic instability faced in recent years. The methodology used in this research is the hypothetical-deductive, systemic and axiological method, based on the study and analysis of specialized doctrine and relevant legislation, based on the framework found in the scientific literature, aiming to form the theoretical basis of this dissertation. In addition, quantitative research will be carried out based on Jurimetry, in order to analyze the effectiveness of judicial reorganization (common and special) in Rio Grande do Norte.