FRESH START IN THE BANKRUPTCY REFORM: ASSURING THE RIGHT OF FREE ENTERPRISE

Abstract

Failing to safeguard rights like the free enterprise and the reasonable lenght of the process, the bankruptcy
system was reformed by Lei 14112/20. Noticeable is the “fresh start” of the bankrupt enterpreneur, pulling back
the stigma of breaking and avoiding the marginalization due to the long hindrance period to practice business. To
show how this inovation seeks to, through constitutional guarantee, improove the free enterprise, bibliographical
research will be used, with the intent to, unsing the hypothetical-deductive method, make a brief overview of the
constitucional relevance of the free enterprise and the procedural promptness, presenting the insolvency reform
and establishing the correlation between constitutional and bankruptcy law, using for that the doctrine and the
jurisprudence.