Dos créditos privilegiados

: a evolução da especial proteção nos créditos laborais e o seu regime atual no âmbito da insolvência

Abstract

The present study aims, in some way, to contribute to analysing the credit privileges regime, studying the evolution of the protection granted to workers’ credits and its current regime, in the context of insolvency. Two types of credit privileges have been established, constituting a preference in the payment of certain credits attributed by law to certain creditors – in article 333 of the Labour Code. A general one for movable assets, whose adopted solution raises questions regarding the preference of this privilege with other previously established rights, considering that the best solution would be to apply the regime established in article 751, instead of article 749 of the Civil Code. On the other hand, a special real estate privilege pertains over the property where the workers carry out their activities. However, the precise definition of this property has been the subject of some debate. Two main interpretations have emerged: one more restrictive and the other somewhat broader, with AUJ number 8/2016 opting for the broader interpretation, but with an exception for insolvent construction companies that own properties built for sale. Given the significant number of insolvencies in construction and the fact that these properties often constitute the core of the assets of these companies, the question arises as to what guarantees are available to workers in companies that do not have seizable assets. In this study, we will present the arguments that lead us to advocate that the system of guarantees for labour credits, created by the Portuguese and even Community legal systems, does not go far enough in protecting workers’ credits. The current solution regarding the scope of labour credit privileges should be altered to allow for more appropriate protection for labour credits, as appears to be the intention of legislators when recommending the solution in article 333 of the Labour Code, bearing in mind that the right to retribution is considered a right analogous to rights, freedoms and guarantees.

Date of Award	30 Jan 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)