A fronteira intransponível da Recuperação Judicial

O rigor do STJ frente às associações civis à luz do Direito francês e da Lei da Sociedade Anônima de Futebol - SAF

Abstract

This article analyzes the legal standing of non-profit civil associations to file for judicial reorganization in Brazil. Given the financial crisis of philanthropic entities, the extension of Law No. 11,101/2005 to non-business entities is debated. However, the Superior Court of Justice (STJ), in cases such as Cândido Mendes and the Metodista Group, has consolidated a restrictive interpretation, limiting the reorganization process to business entrepreneurs. Using a dogmatic-comparative method, the Brazilian model is contrasted with the French system (procédures collectives), showing that the inclusion of associations in France stems from an explicit legislative choice in the Code de Commerce. It concludes that the taxativity of the Brazilian rule, reinforced by the SAF Law (Law No. 14,193/2021), prevents judicial analogy, prioritizing legal certainty and credit market integrity against legal hybridism. The boundary of judicial reorganization remains insurmountable for those not subject to the business regime.