O CRÉDITO ALIMENTAR NO CONTEXTO DA FALÊNCIA DO EMPRESÁRIO INDIVIDUAL

Abstract

The present scientific article examines, based on specific legislation, the specifics of bankruptcy. The study begins with a comprehensive analysis of the concept of entrepreneur and business entity, the connection of Brazilian law with the Italian system, implementing the Theory of the Enterprise. It also explores the phases of bankruptcy, the individual entrepreneur debtor of alimony, the broad concept of alimony credit, and the order of preference for the payment of creditors, as well as the position of the alimony creditor in the bankruptcy process. The methodology adopted for the study was exploratory, using as references the Constitution of the Federative Republic of Brazil of 1988, Law Nº 11,101 / 2005, the Civil Code of 2002, academic articles, and legal content websites. The article concludes by emphasizing the relevance of legislative modification on the subject, in order to provide the alimony creditor with the knowledge of how to proceed before the collection of their credit in the face of the incidence of bankruptcy against the individual debtor.