O redirecionamento da execução trabalhista para subsidiária da recuperanda.

Abstract

The judicial recovery institute provides the company under recovery with a period of truce in executions, with the aim of the company restructuring itself financially and not as a result of the debtor's default, but after a Stay Period, if the company under recovery does not make payments in accordance with the plan. general creditor approval, the recovery may be converted into bankruptcy. The Labor Court understands that the period of suspension of the executions of the company under recovery is a default, confirming 5 the majority understanding of the Superior Labor Court so that in the Stay Period the labor execution is redirected to the subsidiary responsible of the company under recovery, this understanding is divergent from the Superior Court of Justice, making this topic interesting for academia, as it presents legislative gaps and a framework for questioning. Therefore, this study proposes a question regarding the (in)correct redirection of labor execution towards the debtor's service provider during the Stay Period. The research was based on articles and laws, addressing the dialectic nature of the proposed question. The Study begins by presenting the objectives and criteria of judicial recovery, in Stay Period, going on to demonstrate that outsourcing is a legal business, with subsidiary obligations to the service provider and finally faces jurisprudential and doctrinal understandings, when the divergence on the non-compliance of the company under recovery in the Stay Period, demonstrates the vetoed paragraph § 10 of article 6 of Law 11,101/2005, which would fill a legislative gap. However, this study did not reach a conclusion, as it was just an academic concern in the face of the majority jurisprudential understanding of labor justice.