O incidente de desconsideração da personalidade jurídica no novo código de processo civil e o contraditório

Abstract

The presente work intends to make na analisis of the prodedure rules to aplly the disregard doctrine in the civil procedure, brought by the 2015 civil procedure code and treated by it on Chapter IV of the Title III on Book III. It’s given special focus to the constitucional garantee of due process of law and its aplication in the studied incident procedure and to the inovations brought by the procedural rules. It’s known that the legal person is an essencial legal creation to the economic and social devepolment of a community, but it can’t be forgotten that many times this institute is used in an abusive way, beeing one of the reasons why the disregard doctrine was created. The new civil procedure code creates the incident to pierce the corporate veil, bringing importante inovations, mainly about the due process of law garantee, main theme of this work.