A utilização da constatação prévia pelo Tribunal de Justiça de São Paulo, antes e depois da promulgação da Lei nº 14.112/2020

Abstract

Although codified with the enactment of Law 14.112/2020, which introduced significant amendments to Law 11.101/2005, the Pre-Assessment had already been applied in Judicial Reorganizations before the São Paulo Court of Justice, a pioneer in its use. However, before the legislative reform, its application was marked by a lack of regulation, resulting in legal uncertainty and various issues, such as the absence of objective criteria for appointing experts and determining their fees, the lack of defined deadlines for submitting expert reports and the criteria adopted in their preparation, as well as the use of these reports to approve or reject the processing of Judicial Reorganization requests without clear regulatory guidelines. The codification aimed to resolve these issues but also introduced new challenges. In this context, this study analyzes the application of Pre-Assessment by the São Paulo Court of Justice before and after the reform of Law 11.101/2005, considering statistical data and doctrinal critiques from both periods to identify which issues were resolved and which still persist. Furthermore, the study proposes adjustments and improvements to the institute, aiming to enhance legal certainty and improve its effectiveness in the context of Judicial Reorganization