A natureza da responsabilidade civil dos administradores das sociedades anônimas por ato ilícito ou contrário ao estatuto social

Abstract

This academic work has as its object of study the nature of the civil liability of the administrators of corporations for an unlawful act or contrary to the bylaws, provided for in article 158, II, of Law 6.404/76. Furthermore, it has as a theoretical framework the theory of subjective civil liability with presumed guilt, and, based on the specialized doctrine, the following hypotheses were formulated: pure objective; impure objective; classical subjective; subjective with presumed guilt. Thus, after an extensive literature review, to solve the research problem, it approaches: the corporation, its peculiar characteristics and the importance of adopting a specific liability regime for its administrators; social interest, in light of the Enlightened Theory of Stakeholders and the company's social function, as a parameter of accountability; the overview of civil liability. The purpose of this scientific article is, based on this, to elucidate the referred nature in order to provide greater legal certainty to market agents.