O processo extraordinário de viabilização de Empresas (PEVE)

: Lei nº 75/2020, de 27 de novembro: análise dos artigos 6º a 15º

Abstract

The classic view of world dynamics, has undergone a profound change in an economic perspective. The pandemic situation that took over the world at the end of 2019 was the main reason, imposing high-caliber measures in all States. Those adaptive measures were required to sanitary, economic, social and cultural level, with each country having strategically chosen those most favorable to their needs. The theme that we proposed to analyze in this Dissertation focuses, as a whole, in the analysis of the response that the Portuguese legislator conceived, due to the Covid-19, in business recovery. It is known that the reserves of liquidity of most Portuguese companies have a limited capacity, whereby, the Legislator was forced to question whether the measures that make up the legislation of emergency were fair or/and adjusted to the resolution of present and future problems, due to the pandemic crisis that has erupted. In order to combat the difficulties caused to the companies by successive confinements, the reduction of purchasing power and the drop in supply/consumption, constituted a new regime: The ‘’Processo Extraordinário de Viabilização de Empresas’’ (abbreviated PEVE) ruled by the “Lei nº 75/2020”, since 27th November. PEVE it’s a judicial process of an extraordinary, transitional and very urgent character aimed exclusively to companies that are in a difficult economic situation or insolvency, imminent or current, by virtue of the pandemic crisis, aiming homologation by the Court of an agreement reached extrajudicially between the company and its creditors with a view to the approval of an viabilization agreement, which essentially provides for a restructuration, giving it the possibility to continue to exercise its activity and so avoid insolvency. We must highlight that this review was an opportunity to deepen the knowledge about this Process, analyzing the positive aspects and the negative effects of the regime. It has greatly contributed to making us aware that this subject deals with an extremely delicate and recent matter, which will continue to be object of new opinions and developments.

Date of Award	9 Feb 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)