RECEBIMENTO DO CRÉDITO TRABALHISTA EM FACE DA EMPRESA EM RECUPERAÇÃO JUDICIAL

Abstract

The great difficulty that labor creditors encounter in receiving their credits derived from terminated employment relationships justifies the importance of this work. With a food characteristic, the credits owed to employees are of paramount importance to validate an honest labor relationship based on the principle of human dignity, in addition to balancing labor relations, making them fair and allowing the individual and collective development that the Federal Constitution guarantees. Thus, the present work has the scope to analyze the receipt of labor credit won through a judicial enforcement instrument, in the face of companies in judicial recovery. Therefore, it is necessary to carry out a proper procedural analysis, since the execution against these companies has a particular rule, with the universal judge being competent to proceed with the execution. The exceptions and their peculiar cases will be analyzed in the course of this. It is also convenient to demonstrate, under a jurisprudential and doctrinal bias, the consolidated understanding of the labor courts in an analysis focused on the competence to proceed with the execution of the claims, in addition to the legal and procedural analysis for their satisfaction.