Moro, Maitê Cecilia Fabbri2024-12-102024-12-102022TAVEIRA, Vinícius de Miranda. A necessidade de fortalecimento da proteção dos credores trabalhistas na recuperação judicial: uma análise à luz da função social da empresa. 2022. 195 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/521In the Brazilian legal system, the capitalist system is guided and limited by the purpose of ensuring a dignified existence for all, according to the dictates of social justice, including the exercise of free enterprise and property rights. Furthermore, the Brazilian constitutional system recognizes the centrality of human work, listing, alongside the social value of free enterprise and human dignity, the social value of work as one of the foundations of the Brazilian State, in addition to recognizing it, too, as one of the foundations of the national economic order. In this step, aiming at the promotion and defense of the dignity of workers, credits arising from employment relationships receive special protection by various constitutional, international and legal norms. In the national panorama, in which the social function of subjective rights is elevated to a constitutional principle, judicial reorganization occupies a prominent role as an instrument for overcoming business crises, aiming at the preservation of viable companies and the company's social function. Considering that claims arising from employment contracts and work accidents (including occupational diseases) are subject to judicial reorganization, this research aims to investigate the treatment given to labor claims and creditors in judicial reorganization, examining whether the legislation and Brazilian jurisprudence on the subject are or are not in line with the constitutional principle of social function. As a result of the research, it was found that the rights of the holders of credits arising from employment contracts and work accidents are not adequately protected in the judicial recovery and, therefore, need greater protection, since the doctrine and jurisprudence, many times, Sometimes, they overvalue the preservation of the company, but disregard other equally relevant principles, especially the social function and the protection of labor creditors.ptValor social do trabalhoFunção social da empresaRecuperação judicialProteção dos credores trabalhistas