Moro, Maitê Cecilia Fabbri2024-11-272024-11-272022SANTANA, Leandro Almeida de. O crédito do proprietário fiduciário e sua inoponibilidade aos pagamentos daqueles decorrentes da relação de trabalho na falência São Paulo (SP), 2022. 173 f. Tese (doutorado) - FADISP, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/479The present doctoral thesis addresses the nature of the fiduciary owner's credit in bankruptcy, defending the inapplicability, in the bankruptcy regime, of the exception provided for in art. 49, § 3, of Law no. 11.101/2005, which guarantees it an extra-bankruptcy nature in the judicial reorganization when prior to the filing of the reorgani-zation request and, consequently, the privilege of its payment in relation to the others. Thus, as the main objective, it is intended to demonstrate that, in the bankruptcy re-gime, unlike what happens in the judicial recovery, the generalization of considering the fiduciary credit always extra-bankruptcy, since except for the hypothesis in which it is prior to the recovery request court converted into bankruptcy due to the inapplica-bility, in this legal regime, of the aforementioned legal provision and the taxation of art. 84 of Law no. 11,101/2005, which lists the role of extra-bankruptcy credits in bank-ruptcy. For the same reasons, this credit would also not be extra-bankruptcy when prior to the bankruptcy filing requested by the debtor himself. In these cases, it would be unsecured bankruptcy credit. As a research problem, it is asked whether, once the unsecured bankruptcy credit nature is admitted in the aforementioned factual-legal sit-uation, its payment would be opposable to the payment of the extra-bankruptcy credit arising from the work relationship referred to in art. 84, I-D, of Law no. 11,101/2005, concluding, as a hypothesis, that it cannot oppose it due to the absence of a legal provision that guarantees this privilege, the principle of equal treatment among credi-tors, the super-privilege of labor credit in bankruptcy, the bankruptcy and the dignity of the human person. Only the cases expressly provided for in items I-A, I-B and I-C of art. 84 of the Bankruptcy Act, which does not include fiduciary credit. Therefore, based on a case study in which a request for refund of money based on the alleged extra-bankruptcy nature of the fiduciary credit prior to the request for judicial reorganization converted into bankruptcy filed against a bankrupt estate, with the plaintiff's claim of satisfaction of this credit previously to all others subject to bankruptcy judgment, in-cluding those resulting from labor legislation, it proved to be a true attack on the dignity of thousands of workers by preventing the payment of their credits and, consequently, the satisfaction of their most basic vital needs such as food, housing and health, pro-posals are presented that aim to discourage actions of this type when manifestly un-founded, as well as successes in preliminary injunctions that prevent payment of labor credits, with various possibilities of imposing pecuniary sanctions on the author in case these actions are inadmissible or unfounded, without the measures p proposals mean restriction of access to the Judiciary or legal uncertainty to contracts that include fidu-ciary property. The thesis adopts the deductive-argumentative research method and uses, as a methodology, bibliographic, documentary, exploratory and descriptive re-search, to establish its conclusions in which the main one is the unenforceability of the fiduciary credit prior to the recovery request converted into bankruptcy to the payment of non-competitive labor claims, given their food nature, the social function of the com-pany and, above all, the constitutional principle of human dignity.ptFunção social da empresaPropriedade fiduciáriaFalênciaCrédito trabalhistaDignidade da pessoa humana