The good behavior period in the bankruptcy renegotiation procedure. Proposals for a debtor´s rehabilitation

Abstract

This paper analyzes the effects of the repayment plan introduced in the article 267 paragraph 3 of the Act No. 20.720 by the bankruptcy amendment, in the context of the bankruptcy liquidation agreement, with respect to the relief interest of the bankrupt natural person. For this purpose, part1. dogmatically delimits the institution of the period of good conduct, contrasting its restrictive characteristics of the debtor's interest with those of a rehabilitation period, which takes into account the debtor's interest in relief. Part 2. describes the institution created by the reform and analyzes the reasons for its establishment. Part 3. critically analyzes the institution and its effects, identifying some problems that negatively affect the debtor's interest in relief. This makes it possible to clarify its legal nature as a period of good conduct. In Part 4, interpretative and lege ferenda proposals are made for the implementation of a debtor rehabilitation period that balances the interest of creditor satisfaction and the interest of debtor relief.