There are even judges who understand that the Corporations

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Allowing prior judicial control, as a consequence, would be against the law and, in practice, would restrict negotiation between debtor and creditors, and it would also be evident – ​​and mainly – that it would harm the speed of the process, considering the inevitability of successive postponements of the general meetings of creditors, until all objections and appeals from creditors against the plan have been resolved, indefinitely prolonging the recovery process.

Finally, a caveat is in order: the STF allows prior control of constitutionality to prevent acts carried out in the process of approving a law that violate the legislative process. Here, there is also a parallel with bulk sms hong kong the judicial recovery process, insofar as prior control of procedural issues is also possible, since these are not within the jurisdiction of creditors (art. 35 of law 11.101/2005).

Thus, instrumental issues may be subject to prior legality control by the Judiciary, to the extent that they do not concern the plan, but rather procedural aspects for its deliberation and approval. However, provisions of the plan may only be subject to legality control after their approval by the creditors' meeting.

In conclusion: the control of the legality of a clause in the judicial recovery plan is exercised after its approval by the general meeting of creditors; before the creditors' deliberation, prior judicial control of the instrumental issues, which relate to the procedural aspects for the deliberation and approval of the plan, is applicable.