According to the understanding of the 3rd Panel of the Superior Court of Justice (STJ), the limit of 150
minimum wages in the class of labor credits for qualification in bankruptcy proceedings, includes amounts paid before the debtor’s bankruptcy.
The decision was handed down in a case that discussed the preferential order of payment of labor credits in a bankruptcy action.
According to Article 83, Section I, of the Bankruptcy Law, labor claims and claims arising from work-related accidents are subject to priority and payment as long as they are limited to 150 minimum wages, as defined by labor legislation. If the value of the claim exceeds this limit, it must be classified as unsecured claims, meaning the creditor does not have priority.
In the case analyzed by the STJ, the creditor party had already received the amount equivalent to 150 minimum wages extrajudicially and in the bankruptcy proceedings sought to qualify for more credits in the preferential class of labor credits.
Thus, the STJ decision determined that in the class of preferential labor credits, the amounts owed by the bankrupt company must be entered, discounting the amount already paid extrajudicially.
