A importância da advocacia preventiva com o uso de ferramentas de compliance e governança corporativa na perspectiva do processo de recuperação judicial.

Abstract

The main objective of this study is to analyze an application of the pillars and tools to comply, corporate governance and good practices for companies seeking to face a judicial recovery process. In summary, the teachings of preventive law and the concepts of compliance and corporate governance were meticulously observed, and their impact was evaluated in a singular moment that a company runs the risk of going through during its existence, whatever the judicial reorganization. To better understand how the systematic application of the tools works in practice, it was necessary to use a case study. The Odebrecht SA Group was chosen to carry out the study, based on the following parameters: (i) this was the largest request for judicial reorganization ever recorded in the history of Brazilian justice, with a sum in excess of R$83 billion of reais; (ii) the complexity and contemporaneity of the process of structuring the area and the organization's compliance system; and (iii) the importance of the Odebrecht Group in the Brazilian international scenario. In this way, due to the social and economic impact that involves the Odebrecht group due to its involvement with the scandal of Operation Lajajet, coordinated by the Federal Public Ministry, an attempt was made to investigate the impact of the coordinated work between the legal sector and the leaders of organization's compliance, to increase investments in the compliance sector and obtain results of positively impacting the judicial reorganization process, thus avoiding the declaration of bankruptcy. At the end of the study, it was found that preventive advocacy, together with compliance and corporate governance tools, still needs to be better instituted within the corporate culture, and when observing the case of the Odebrecht group and its involvement with one of the largest anti-corruption operations of the country that ended up in one of the largest requests for judicial recovery ever registered, it is clear that being in compliance is a necessity, and when a company finds itself in the situation of resorting to the judiciary to negotiate the effective implementation of these pillars with its debts / tools defend themselves to ensure compliance with the recovery plan.