A competência para processamento dos processos de insolvência como mecanismo de enfrentamento ao Forum Shopping abusivo

Abstract

Cross-border insolvency was introduced into Brazilian legislation through Law No. 14,112/2020, which promoted important changes to Law No. 11,101/2005. Among them, the insertion of the new Chapter VI-A, which deals with cross-border insolvency and the recognition of foreign proceedings. The concern with including provisions on cross-border insolvency in Brazilian legislation stems from a growing global attention to the subject. Globalization is a phenomenon that continues to develop, renew, and intensify, creating new challenges for the law and amplifying this concern. In this scenario, the objective of this paper is to understand how the rules on the determination of jurisdiction for insolvency proceedings serve as a mechanism to counter abusive Forum Shopping. To that end, the paper seeks to analyse the practice known as Forum Shopping, based on the factors that motivate this practice and the strategies through which it occurs. Furthermore, it seeks to understand the relationship between Forum Shopping in insolvency law and the jurisdiction rules of this matter. Finally, through a comparative analysis of different possible criteria for determining the jurisdiction of insolvency proceedings, the paper seeks to evaluate the effectiveness of these criteria in the prevention and remediation of Forum Shopping as an abusive practice. The work is developed by means of bibliographical research, in order to anchor a study of a theoretical and revisionary nature, based on the examination of national and foreign legislation, legal scholarship, scientific articles, and reports issued by international bodies