Law No. 11.101/2005 - the Corporate Recovery and Bankruptcy Law - expressly provided for its non-application to state-owned companies. In principle, this resolved a historical doctrinal controversy. However, in view of article 173, paragraph 1, II, of the 1988 Constitution, which determines the application of the Private Law regime to mixed-capital companies and public companies that explore economic activity, part of the doctrine began to question...
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