A operação de bail-in no regime de resolução de instituições financeiras

Resumo

This thesis’ object is the bail-in transaction, a legal mechanism applicable in cases of solvency crises in financial institutions, through which it undergoes a financial restructuring to absorb the losses before it is necessary to be bailed-out by third parties, namely taxpayers’ funds. To observe the context in which the transaction has been designed, this thesis exposes the financial crises occurred in Brazil in the last decades and the institutional and legal instruments Brazilian authorities had in hand to overcome such crises. Furthermore, the thesis presents the context in which an international articulation occurred to craft general principles to guide national authorities in financial crises resolution. The analysis of the thesis main object is based on the exposition of its functioning and main goals, as well as its commercial precedents and legal bases. The thesis also presents some sensible matters which administrative authorities should consider when imposing the bail-in in a situation of crisis, and the safeguards held by the ones who might be affected by such a decision. Finally, the thesis examines some effects that the adoption of the bail-in in Brazilian law might have over the country’s financial market.

Ficha do documento

Tipo

Dissertação

Ano

2022

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/33141

Palavras-chave

Bail-inFinancial institutionsFinancial crisisBanking crises resolution regimesInstituições financeirasCrise bancáriaRegimes de resolução bancáriaDireitoInstituições financeiras - BrasilSociedades comerciais - RecuperaçãoFalênciaCrise financeira