A classificação do crédito de natureza alimentar na falência do empresário individual

Abstract

The Decree-Law No. 7,661 of 1945 explicitly prohibited the inclusion of alimony claims in the creditor's ranking in bankruptcy cases, based on the reasoning that such obligations were personal and should not burden the creditors. With the enactment of Law No. 11,101/2005 (LRF), the legislation remained silent on alimony claims, allowing for their inclusion in bankruptcy proceedings involving individual entrepreneurs, as per Article 126. Consequently, the research examined the classification of alimony claims in bankruptcy, suggesting that, due to their legal nature and the vulnerability of claimants, they should be treated similarly to labor claims of a strictly wage-related nature. The methodology used was the hypothetical-deductive scientific method, with a bibliographic and jurisprudential analysis. The hypothesis was confirmed.