O crédito trabalhista e os limites que o direito do trabalho impõe ao plano de recuperação judicial [thesis]

Claudia Al-Alam Elias Fernandes
The work is focused on the examination of the labor credit in bankruptcy plans of companies in crisis, created by Law 11,101 of 09 February 2005 and the effects of this law in labor agreement. Using the deductive method, with doctrinal research, case law and legislation, analyzes the labor credit, its nature and its protections in the preparation, negotiation and execution of the plan for reorganization. It is divided into four chapters that discuss: historical overview of the reorganization,
more » ... e reorganization, with emphasis on labor participation of creditors in Brazil; brief analysis of the institute's business recovery in the United States and France, the class of creditors, with the definition of who are the labor creditors, how the labor claims are submitted to the bankruptcy, the consequences of the alienation of labor claims and representation of labor creditors in general meeting. The study of the limits that the labor law imposes on the reorganization plan by analyzing deadlines for payments of labor credits and some means of recovery that can be used in the plans. It also analyzes the succession of employers, about the doctrine of succession in cases where there is disposal of assets in reorganization and some of the major decisions of the Superior Courts.
doi:10.11606/d.2.2011.tde-16042012-162719 fatcat:khzjma4xxngx7dahvbs6jxmrvm