A hermenêutica da indignidade da situação dos créditos trabalhistas na recuperação judicial e na falência: A solução pelo Fundo de Garantia de Execuções Trabalhistas (FUNGET)

Abstract

This study addresses the proposal to create the Guarantee Fund for Labor Executions in Brazil, FUNGET, proposed by Constitutional Amendment nº 45/2004, since the difficulties faced in labor executions, including the situations of workers in which there is a declaration of bankruptcy or a request for judicial recovery. The paper was based on specific jurimetric data on the subject. It used research from the Institute of Applied Economic Research (IPEA) on the costs of creating and implementing FUNGET. The conclusions were two: the creation of FUNGET is mandatory by constitutional imposition; there is no money to create FUNGET, despite the constitutional imposition.