A legitimidade processual ativa e o interesse de agir de a fazenda pública requerer a falência do devedor empresário

Abstract

The present monography discuss the legal standing process and the interest of the Public Treasury to judge the bankruptcy execution of the business debtor. The investigative method used was literature review, including research in national legislation, current and repealled, scientific articles, doctrine, masters degree dissertations, doctoral thesis and judgments of Brazilian courts. The overall objective was to find out if the Public Treasury has the legal standing process and the interest to act of the Public Treasury to judge the bankruptcy execution of the businessman debtor, the specific objectives have versed about the individual analysis of each cause to request bankruptcy and the hypothesis was that only the Erary is authorized to propose the concourse execution of the defaulter businessman when present tax enforcement frustrated or the practice of any of the bankruptcy acts. In the end it was concluded by the confirmation of the hypothesis raised, as well as by the need of new studies on the tem in order to offer subsidies to the Public Power regarding the establishment of criteria that guarantee impersonality in each request.