​A sucessão de empregadores à luz da função social da empresa em falência

Abstract

This work intends to analyze the provisions of the Consolidation of Labor Laws(Decreto-Lei n.5.452/1943 e Lei.13.467/2017) that deal with the succession of employers and attribute to the successor the responsibility for labor obligations, in order to understand the reflection of these provisions in Commercial Law (Lei n.11.101/2005). On the other hand, taking the opposite path, starting with the Law on the Recovery of Companies, the succession of employers is put into perspective in a context of bankruptcy and judicial recovery of the company. Although it is questioned, in defense of human dignity and the valorization of work, the exception brought by the new commercial diploma, the bankruptcy situation is critical for the observance of the principle of the company's social function, which, protected, becomes a means of guaranteeing the full employment.