O abuso de direito de voto na Assembleia Geral de Credores: análise da aplicação da nova regra após a reforma da Lei nº 11.101/2005

Abstract

This thesis analyzes the abuse of voting rights in the creditors' general meeting within judicial reorganization proceedings, particularly following the reform introduced by Law No. 14.112/2020. The research examines the dogmatic and jurisprudential foundations guiding the application of the newly added provision in § 6 of Article 39 of Law No. 11.101/2005, which establishes the nullity of manifestly abusive votes exercised to obtain illicit advantage for oneself or others. Initially, the study explores the central role of the creditors' general meeting as a deliberative and democratic body, highlighting its legal and economic relevance in preserving distressed businesses and promoting economic stability. It delves into the theoretical and doctrinal framework of abuse of rights, focusing on its epistemological basis and positivization in Brazilian law through Article 187 of the Civil Code, with particular application to judicial reorganization. The research then offers an review of recent court case law, especially decisions from the Superior Court of Justice and the São Paulo State Court of Justice, identifying the judicial criteria used to recognize the abuse of voting rights. It further assesses the consistency and coherence of judicial interpretation following the legislative reform. Finally, the dissertation provides a critical evaluation of the impact of this legislative innovation on the deliberative dynamics of creditors' meetings, discussing its implications for legal certainty and the effectiveness of the Brazilian reorganization framework, and proposing interpretative guidelines to reconcile creditors' private autonomy with constitutional principles and the social and economic objectives of reorganization law