ANÁLISE DO USO DA MEDIAÇÃO E CONCILIAÇÃO NO CONTEXTO DAS RELAÇÕES DE TRABALHO EM EMPRESAS EM RECUPERAÇÃO JUDICIAL, COM FOCO NA MANUTENÇÃO DOS EMPREGOS E NA PRESERVAÇÃO DA EMPRESA

Abstract

: Law No. 14.112/2020 brought important changes to the Business Reorganization and Bankruptcy Law, most notably the incorporation of mediation and conciliation as alternative dispute resolution methods. This change aims to promote faster and more effective solutions to disputes in the context of judicial reorganization, especially in matters involving partners, creditors and public service concessionaires. Mediation, according to the new legislation, can be carried out both in judicial centers and in private chambers, with the support of mediators chosen by the parties or appointed by the judge. The legislation also expanded the possibility for creditors to present alternative plans for judicial recovery and introduced new mechanisms for the installment payment of tax debts, allowing greater flexibility for companies in financial difficulties. The strengthening of mediation and conciliation is a reflection of the evolution of the Brazilian legal system, which, following the enactment of important rules such as Law 13.140/2015 and the 2015 Code of Civil Procedure, has recognized the importance of these methods in resolving conflicts. Despite the progress, there are still challenges, such as resistance from the parties involved and the need for specific training for mediators, as well as restructuring the academic training of legal professionals. However, the outlook is promising, with the growing use of mediation in complex cases and the expansion beyond financial issues to include corporate disputes and corporate governance. Finally, mediation and conciliation have proven to be fundamental for the preservation of companies, the maintenance of jobs and economic development, providing solutions that prioritize mutual understanding and collaboration, contributing to a more efficient and humanized legal system. Analysis of the use of mediation and conciliation in the context of labor relations in companies undergoing judicial reorganization, with a focus on maintaining jobs and preserving the company.