Uma análise da (in)constitucionalidade do artigo 83, inciso I, da nova lei de falências

Abstract

Analyzes the constitutionality of article 83, I, of Law 11.101/2005, in front of the social value of work as one of the foundations of the Federative Republic of Brazil (art. 1, CF), the right of workers for protection of salary, as well of rights aimed at the improvement of their social (art. 7, “caput” and “inciso” X, CF), the enhancement of human labor as one of the fundamentals of the economic order (art. 170, CF) and the primacy of work as the basis for introduced social order (art. 193, CF). Critically discusses the reasons showed by the “Legislative Power” as the limitation of the privilege of credit labor made, by the rule mentioned by the Law 11.101/2005. Explain and analyzes the arguments raised by the applicant when of interposition the ADI-DF 3424. Examines, under the economic bias, changes caused by Law 11.101/2005, the limitation on the privilege of credit labor, favoring a systematic understanding of the context that motivated the change caused by the new law of bankruptcy. Finally, concludes the unconstitutionality of article 83, “inciso” I, of the law under review, by offense to the principles of human dignity, of isonomy, and the fence of reverse social, constitutionally enshrined.