Habilitação de crédito com garantia real de credor enquadrado como microempreendedor individual, microempresa ou empresa de pequeno porte na falência

• Autor(a) principal: Machado, Michelle Costa
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5459
• topic: Falência; Habilitação; Créditos; Direito empresarial

OBJECTIVE: To analyze the procedure for qualification and classification of the credit with real guarantee of creditor classified as individual microentrepreneur, microenterprise or small business in the bankruptcy process. METHOD: The method of deductive approach was used; level: exploratory research; As for the data collection procedure, in the present research, the bibliographical was used, based on the consultation in books and articles in electronic media and physical doctrines, these being classified as secondary sources. RESULTS: With the enactment of Supplementary Law 147/14, many jurists and lecturers discussed the modifications and inclusions made by these norms, including the subject of this research, the inclusion of credits owned by creditors classified as individual microentrepreneur, microenterprise or small business as holders of special privilege, as a result, one questioned the possibility of one of these creditors to hold a loan with a real guarantee, asking whether it would be feasible to split the collateral to the limit of value of the asset recorded in accordance with the law, and the debtor balance is reclassified and paid with the other creditors with special privilege, which is contrary to that established by the standard that classifies the surplus as unsecured credit. To answer this question the doctrine presents two currents, recommending the first by the division of the credit in real guarantee and the debit balance in the class of the credits with special privilege and the second current one positions itself in order to enable, to classify and to pay the credits with real guarantee of creditors microentrepreneur individual, microenterprise or small business, in its entirety in the class of creditors with special privilege, regardless of the credit they hold, according to the legality of the law. CONCLUSION: The study showed that with the inclusion in article 83, item IV, of item "d" that granted credit to individual microentrepreneurs, microenterprise and small business creditors special privilege, led to discussions about the impropriety of such classification , making room for different interpretations of jurists and indoctrinators regarding these issues, which should be clarified with doctrinal and jurisprudential positions, since the doctrine still does not show robustly about the problem proposed.