JUDICIAL RECOVERY: LEGAL INSTRUMENT OF COMPREHENSION OF THE SOCIAL AND ENVIRONMENTAL FUNCTION OF THE COMPANY AND MAINTAINER OF THE GENERATING SOURCE OF EMPLOYMENT AND OF THE PRESENT AND FUTURE GENERATIONS

Based on contemporary jurisprudence, doctrine and national legislation, supported by the Constitution of the Federative Republic of Brazil, this article emphasizes the importance of the judicial recovery institute, provided for in Law 11.101/ 05, noting that corroborating the overcoming of the financial crisis of the debtor is essential to the maintenance of the source of employment of workers and also to the interests of creditors, aiming at the effective preservation and exercise of the company's social and environmental function, restoring and expecting the preservation of its social, economic and environmental activity. The research asserts that the maintenance of the company's activities, in return for its closure, is imperative measure in keeping with the current social, economic and environmental situation experienced by the current society, especially by the Brazilian society. It reveals that the current situation places more emphasis on legal protection of the market - for the benefit of society, job creation and environmental preservation - than to the creditors themselves, who are no longer a priority focus national and global reality.