A desconsideraÃÃo da personalidade jurÃdica: aplicaÃÃo no direito brasileiro moderno

AUTOR(ES)
DATA DE PUBLICAÇÃO

2002

RESUMO

The present paper is shown as a vehicle in the conducting of some questionings circa the disregard institute of juridical individuality, judicial resource more and more effective in the combat of the practice of abusive behaviour in the business field in the market, for it is the judicial mechanism the one by which the creditor of society acquires the possibility of entering the partnerâs patrimony. As the disregard of entrepreneurial law, in the field of modern law in Brazil, it is a reality nowadays, this paper suggests not only to sho w a general and historical view of Disregard Doctrine theory but also to discuss the reflections that such institute offers. Inside a systematisation, it is shown what is disregard, how it works, its effects as well as how the ultra vires theory interferes in its application, for in force of decree 3.708/19, a limited society answers for the acts practised in their names, even though the partnerâs conduct is deceitful and leads to the damage of the legal entity. This paper presents the disregard as a major form of security to community, which acts in the field of commercial business, as well as the undertaker society itself, placing itself also in the impossibility of ex officio institute be put into practice, knowing that the verb ââcanââ in the juridical ordinance (how it is shown in the consumerâs defence code) doesnât attribute to the magistrate the faculty of acting , knowing that the discretional power concentrates itself in the character of free persuasion , but united to the entirety of probatory force. It is also shown in the present paper the divergence in the understanding circa the fact that the fraudulent partner is reached, for there is the idea that the representative of the undertaker society must have participated in the process of knowledge stage, as well there are the defenders that the partner, without participating in the knowledge, might be reached in the execution

ASSUNTO(S)

discricionÃrio direito discretionism personality existence processo de conhecimento responsibility desconsideraÃÃo disregard ultra vires due process of law personalidade existÃncia knowledgement process devido processo legal processo de execuÃÃo ultra vires execution process responsabilidade

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