Economic analysis of the necessary extension of the means of recovery to all viable eco nomic agents

Abstract

Historically, in Brazil, the existence of a prolonged economic and financial crisis has become undeniable, as well as that such difficulties have become a phenomenon that has been worsening over the last years. In a capitalist society, such as the Brazilian one, it is extremely important for the survival of the market that there is a balance between the dualism of interests between creditors and debtors, and when these links break, there is a collapse in the Economy and the market. What is proposed is to carry out an analysis on the reasons why the recovery procedure cannot be extended and applicable to all viable economic agents, regardless of whether or not they are entrepreneurs, and this is the proposed research problem. Therefore, the idea of equal treatment among viable insolvent economic agents is used as the theoretical framework. Such thinking is based on a constitutional reading, in addition to using the hypothetical-deductive method defined by Karl Popper from criticism to induction. In addition to substantiating the unification of the re covery right from the use of the economic analysis of law, as a form of hermeneutics, demonstrat ing that it is necessary to use the recovery process in all economic activities, viable, as a way to achieve the constitutional goals through of efficiency in the generation and distribution of wealth, and consequent maximization of scarce resources, all with the scope of eradicating poverty.