A falência e alguns dos seus reflexos nos créditos trabalhistas

Abstract

This study is about the bankruptcy, with special attention to the definition, to their specificities and the competent court to judge and its processing till the time of enforcement of those credits, when attention is given to the workers' ones. Such amounts are owed to workers as compensation of the effort expended on behalf of a particular company, but they were not paid because of the economical difficulties that the company was. As determined by the judiciary the chronic state of financial crisis, is initiated bankruptcy proceedings. The Law No. 11.101/2005 establishes the order of preferential creditors, the employees have prerogatives of privilege in draft, that is the order of payment of money. This happens because of the nourish nature of those mentioned amounts. However, the novel law limited the maximum value of the payment - which now amounts to 150 minimum wages – which prejudices significantly the employee. This study has as fundamentals is the principle of human dignity, the social value of work and free enterprise.