Desconsideração da Personalidade Jurídica: Requisitos Materiais e Incidente Procedimental

Abstract

the promulgation of the new procedural law reformulated thoughts and legal solutions stagnant by the passage of time. The disregard of legal personality was not expressly provided for in the 1973 Code of Civil Procedure, which remained modified with the new civil proceduralist, now established by Law n. 13.105/2015 – new Code of Civil Procedure – specifically in its arts. 133 and 134. Were this not the case, it is observed that with the advent of Law n. 13,874, of September 20, 2019, regulated not only the rights of economic freedom, but also other guarantees for the market. With these legislative changes, both material and procedural, there was an update of the Superior Court of Justice’s understanding of the new rules for the substantial treatment of the institute of disregard of legal personality, as well as about the adequate procedurality, themes that constitute the problematization of the work aspect scientific. This procedural affirmation led to an update of the Superior Court’s understanding of the new rules of procedure. The present study intends to approach, in an analytical way, the theory of the disregard of the juridical personality under the prism of this new law of civil procedural regency, derived from the result of the Special Appeal n. 1,729,554/SP of the rapporteurship of Minister Luis Felipe Salomão, then judged on May 8, 2018. For the rest, it is noted that the methodology used in the present work is characteristically critical-analytical, with deductive contributions referring to the legislative mutation that undertook the systemic (re) construction of jurisprudence.