A constitucionalidade e aplicabilidade da previsão de exclusão da sucessão trabalhista na recuperação judicial

Abstract

The present work is aimed to the study of constitutionality and applicability of the exclusionary rule of labor succession in Judicial Recovery (art. 60, sole paragraph). It covers one of the points of the New Recovery and Bankruptcy Act (Law nº 11.101/2005) that is one of the most controversial of them all, although the Supreme Court has already confirmed its constitutionality. As such matter involves heavy load of principles, the study is based upon the goals and principles of the law relevant to the discussion. It begins with a brief study of principles and rules, followed by a discussion about the applicable principles to the matter, including the economic national order principles enunciated in the article 170 of the Federal Constitution and specific principles/objectives of Law nº 11.101/2005. Subsequently, a panorama of the controversy generated by the issue is mapped out, bringing to the study pros and cons about the exclusion of the labor succession in judicial recovery. Finally, the main goal of the study is examined under the principle of proportionality and in opposition to labor criticism, concluding with the importance of applying the exclusionary rule of succession for the success of judicial recovery, while legal institution