The labor credit is subject to novation only - new requirement to replace and extinguish the obligation before - imposed by judicial recovery plan is now consolidated at the time of the change. If the credit amount was included in the plan before the end of the labor process, one can not entertain the novation. The decision is the 3rd Chamber of the Superior Court.
The plan was approved with credit in favor of the union in the amount of R $ 10 thousand. Then, the union asked enablement credits valued at U.S. $ 21 000, relating to labor and unappealable judgment. For the debtor company, the inclusion of the original value in the recovery would have generated novation of the debt, since the labor credit would be prior to the bankruptcy filing.
The minister Sydney Beneti, however, the systematic Bankruptcy Law removes the novation of debt in gross labor process not completed. The law, even away from the universal judgment of the recovery actions that discuss values illiquid.
Under the law, the labor lawsuits following the Labor Court to calculate the credit. Set the amount will be entered as part of creditors by value determined at sentencing.
"As you can see, the labor credit will only be subject to novation imposed by judicial recovery plan when already consolidated at the time of filing the request for recovery. If he's still being determined in labor action at the time of filing the request for recovery, not just labor action that will follow its normal course, but also the value you determine if it is included in the overall nominally creditors, "said rapporteur . With information from the Press Office of the STJ.