Fraude contra credores futuros e sua adequação ao ordenamento jurídico brasileiro

Abstract

The present monographic study intents to perform and analyzis on institute of fraud against creditors under the nuances of future creditors, herein deemed as those who do not possess credit titles at the time of the fraudulent acts, yet could be presumed by the debtor. In order to address the issue, the intention is to make a preliminary discussion about the institute of fraud against creditors, through its origin, as well as conceptualizing it in detail, and going through its peculiarities. Furthermore, an overview of the standardization of the referred institute will be made, highlighting the pertinent legislation. Nevertheless, through the analysis of concrete cases of the studied institute, and through the comparative study, where such institute is consolidated, the compatibility of the fraud against future creditors in the Brazilian legislation through the hermeneutic techniques and the principles that guide our legal system is sought. Therefore, the present work aims at analyzing the relevance of the present institute of fraud against creditors, and its viability in the Brazilian legal world through research under the deductive method of bibliographical research, of a qualitative nature.