A recuperação judicial nas execuções trabalhistas entre a efetividade do direito social e o desvio de finalidade no cumprimento das decisões judiciais: estudos a partir da experiência da Vara do Trabalho do Município de Salgueiro

Abstract

This master's thesis talks about the concern with the increase in the number of suspensions of labor executions, especially in the Labor Court of Salgueiro - PE, caused by the granting of requests for judicial recoveries and the consequences brought by these suspensions. It is in this scenario that this work develops the hypothesis of the existence and use of opportunistic behavior on the part of companies and entrepreneurs, requiring greater attention from legal operators when analyzing requests for judicial recoveries. Thereby, the general objective aims to critically analyze the practical use of the judicial reorganization institute and to point out to what extent it has actually fulfilled its primary objective of uplifting the company. For this purpose, the work proposes, through the specific objectives, to: comparatively verify the number of labor suits distributed in the Labor Court of Salgueiro - PE impacted by judicial reorganization actions with the number of companies involved in these suits that have actually recovered; to identify the consequences that the institute generates for companies and workers; and, investigate the extension of the legal term stipulated in paragraph 4, of article 6, of Law No. 11,101 / 05, successively under the justification of business preservation. The methodology used chooses the mixed method, since it uses quantitative and qualitative approaches, and jurimetry as an object, seeking to offer detailed information about the context surrounding the judicial reorganization institute and its consequences for labor execution, considering the legal provisions, doctrine and jurisprudence on the subject. With regard to the technique used, an analysis of existing data and documents was carried out, as well as case studies using the pedagogical progression scheme. The result partially proves the use of opportunistic behaviors and improper use of the institute, producing expressive and worrying social and economic consequences with a clear loss for the whole community, reasons why the draft of a bill with suggestions for changes in legislation is presented as a final product.