Recently the Superior Justice Tribunal expressed its opinion on 2 (two) issues related to this norm, unanimously its 3rd Class, in the Special Appeal 1,564,021, understood that once is characterized the irreversibility of decree of bankruptcy of debtor company, the actions of execution of proceedings brought against it and suspended due to judicial recovery should be extinguished in the following sense: “… after the formation of a certainty judgment about the irreversibility of the decision that decreed the breach, it must be admitted that individual executions until then suspended must be extinguished as they are pretensions lacking real possibilities of success.”
The Fourth Panel, of the Superior Justice Tribunal, unanimously understood in Special Appeal 1,337,989, that the Judge may approve the judicial recovery plan even if not all the requirements of article 58, paragraph 1, of Law 11,101/05 be filled in, with the objective of aiming the preservation of business activity, the maintenance of jobs and the guarantee of credits.