Análise constitucional da limitação dos créditos trabalhistas em sede de processo falimentar.

Abstract

The Bankruptcies and Corporative Recovery Act (Act Ns 11.101/2005), in force since February 2005, repealed the Decree 7.661/45, which governed bankruptcy procedures and composition. Unfortunately, the Act has brought losses to the working class, considering that item I of BCRA article 83 limits the labor privileged credits in the bankruptcy to hundred fifty wages per employee, relegating the surplus to that value to the class of unsecured credits, that is, without preference, for which payment is in the dependence of existing values after the payment of all preferred creditors to that surplus. Therefore, this paper proposes to make a constitutional analysis of the limitation of labor credits in bankruptcy, seeking to demonstrate the unconstitutionality of that limitation, because the legal mechanism affronts the constitutional principles of equality and human dignity, yet disrespecting social rights protected by the Magna Carta, especially for the right to the protection of the worker's salary, in addition violating the bankrupt principle of par conditio creditorum and the principle of hierarchy of labor rules, and also impose the inapplicability of some institutes of Labor Law and Civil Law. The study will be done through the exegetic-legal and historical-evolutive methods with historical references to a better understanding of the changes brought by Bankruptcy Act, particularly regarding labor credits in bankruptcy procedure, with the aim to identify the negative points that attains the working class.