Pressupostos e aplicação do instituto da desconsideração da personalidade jurídica nas sociedades limitadas no Brasil: uma análise crítica e jurisprudencial.

Abstract

The present work critically discusses how the Disregard of Legal Entity is applied by Brazilian courts currently and how at permissive intentions are interpreted in practice. Therefore, a study about legal entities, in general, is elaborated, restricting its definition to corporate companies, followed by personified companies, until reaching the modern concepts of anonymous and limited companies. A historical debate is also held, responsible for contextualizing the first cases that unleash the emergence of the doctrine that involves the Disregard of Legal Entity, addressing the evolution of Brazilian positive law itself, in this sense, culminating in the distinction between the Major Theory and the Minor Theory of disregard for personality. In addition to discussing the procedural issue of the matter, which involves the Legal Personality Disregard Incident, the present work criticizes the position adopted by the national courts regarding the application of the aforementioned institute, in the branches of Civil Law, Consumer, Labor and Tributary. The main discussion, that circulates the matter, moves towards balancing the use of the Disregard of Legal Entity, where the disruption of the partner's patrimonial autonomy must be episodic, limited to the specific case and dependent on the observance of the presuppositions provided by law - given the importance of the activity for the national economy itself -, but also not can the business society serve as a personal shield and generate a scenario of impunity, allowing the fraudulent use of legal personality, for the practice of abusive acts, marked by misuse of purpose and patrimonial confusion, in order to harm creditors.