The Access of Health Insurance Cooperatives to Judicial Recovery and Bankruptcy Procedures in Light of Paragraph 13 of Article 6 of Law n. 11.101/05

Abstract

The newly enacted §13 of article 6 of Law 11.101/05, that regulates judicial recovery and bankruptcy for companies and business owners was introduced by Law 14.112/20, and has two distinct and identifiable goals in its writing. Its first section seeks to exclude legal transactions between cooperatives and its members from the effects of judicial recovery, whilst its final section states that health insurance cooperatives are subject to the law. Despite having been proposed over 15 years ago, the impacts of the coronavirus pandemic invigorated the interest in the topic, giving rise to the provision in 2020. However, the effects intended by the legislative collide with the infraconstitutional legislation, in addition to being unconstitutional due to a violation of the legislative process. This study intends to investigate these problems, verify and solve the identified antinomies, and analyze the legislative process and its unconstitutionality. The approach method used was the hermeneutic-phenomenological, the procedural method applied was the monographic and comparative, and the research techniques employed were the bibliographical and documental.