Default and record of judicial recoveries expose the fragility of companies

by Andrea
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Brazil lives a climb in BUSINESS DEFERENCE and in Judicial Recovery Requestshighlighting a crisis that mainly affects the small and medium entrepreneurs. A survey by the Federation of Commerce of Goods, Services and Tourism of the State of São Paulo (Fecomerciosp), based on data from Serasa Experian, shows that more than 7.2 million companies are defaulting in the country, representing 31.6% of active businesses.

Of this total, 6.8 million are, accumulating 47.2 million open debts, totaling more than R $ 141.6 billion. But the problem goes further, since last year the requests for judicial recovery increased 61.8%, totaling 2,273 requests – reaching the highest number since the beginning of the historical series, which began in 2006.

And the trend remains in 2025, as with 162 requests in January and 122 in February, again with predominance of MPES. The factors that explain this scenario include high interest rates, persistent inflation and increasingly restricted credit.

Default and record of judicial recoveries expose the fragility of companies

External and internal factors

With, the cost of money increased, especially difficult for small businesses. At the same time, inflation erodes the purchasing power of consumers and pressures operating costs. As a reflection of increasing default, banks hardens credit, feeding a vicious cycle.

“In general, too much emphasis on revenues rather than margins, it generates this type of scenario,” explains Julian Tonioli, Auddas CEO and Investor Angel. He stresses that the difficulty of integrating operation and finance is recurring and, added to the increase in the default of the customers themselves, generates a ripple effect.

Ezequiel Wilbert, CEO and Founding Partner of Safegold, agrees that the root of the problem is lacking. “In small businesses, the essential is, first and foremost, separating the individual from the legal person. The discipline is more important than the size of the company,” he says.

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For the executive, without clarity on cash flow, contribution margin and the phenomenon of “overtrading” (growth without sufficient working capital), the risk of chronic deficit is high.

Macroeconomic impacts

From the macroeconomic point of view, André Alves de Lima Bueno, operations manager of Big Legal Tech Finch, points out structural factors. “The exponential increase in judicial recovery requests is due to political instability, pandemic reflexes and international uncertainties,” he says.

In this scenario, it appears as the most vulnerable, leading the statistics of defaults, accounting for 52.8%, followed by trade (35%). In addition to concentrating most Brazilian companies, it is a segment with fewer capital reserves. “Any sob in the activity or default on the customer base directly affects the cash of these companies,” says Tonioli.

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Bueno follows the same line, and reinforces that the reflexes of long financing, low commercial activity and poor management are additional challenges. “Without credit and fall consumption, the impact is immediate in sectors such as travel, luxury retail and private education.”

Warning signs

Despite the increase in judicial recoveries, not every defaulting company needs to follow this path. “This is a drastic measure, indicated only in extreme situations,” says Wilbert.

Before that, he explains that it is necessary to evaluate the viability of the business. If the company generates margin, but is unzipped with its obligations, it is possible.

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“If creditors are stretching in installments, there is no need for RJ. It is recommended when there is no room for negotiation and the legal risk is imminent,” says the CEO and founding partner of Safegold.

Also, knowing the right time to act is essential. According to Wilbert, delinquency rarely comes by surprise, giving business signs. “It is important to monitor indicators such as average receipt deadline, weekly cash flow projection and operational margin.”

The experts heard by Infomoney They also advise that entrepreneurs and entrepreneurs have understood the ability to generate margin, which allows maintaining a medium -term cash view. In addition, independent audits, consulting and trained professionals can be decisive in prevention.

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Cut investments or search for credit?

It is not uncommon that, in the face of the crisis, entrepreneurs cut investments and paralyze strategies. This, however, can aggravate the situation.

“Stopping strategic projects can be fatal, especially if the company was already trying to reposition itself in the market,” warns Tonioli. The solution, he said, is to adapt short -term plans, prioritizing efficiency and business maintenance gains.

On the other hand, the Brazilian credit ecosystem either favors the business community. “Credit in Brazil does not yet speak the language of the small entrepreneur, and the entrepreneur does not understand the language of credit,” summarizes Wilbert.

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In practice, banks prioritize equity guarantees when evaluating the in the background, leaving the real capacity for cash generation and sustainability of the business. This makes it even more difficult to access resources from companies that, although they operate efficiently, do not have enough assets to offer as a guarantee.

Bueno reinforces that financial education is lacking in society and more effective regulatory mechanisms. “Credit needs to be granted with a refined look at the taker profile and the available guarantees, and this requires knowledge and structure.”

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