Análise da teoria da desconsideração da personalidade jurídica no direito positivo brasileiro.

Abstract

The focus of this work is the study of the inconsideration of the juridical personality on the positive country law. Its being examined the juridical person, getting into its concept, nature, discussing about the theories the attribute to it its personality, and the classification of the juridical personality, having the aim of situating the reader onto the theme. Is being observed as well the existential presupposes, its establishment, the effects of personification and for consequence the principle of patrimonial separation, emphasized on the terms of the article 20 of the "Codigo Civil de 1916" (Civil Code of 1916), that even not being expressed as actual, echoes throughout all the Juridical ordering, as well the disposed by the article 596 caput, of Civil Code Process, in accordance with which the particular possessions o the partakers of a business society should not be used in favor of the debits of the business society, only on cases mentioned in law. In the advent of the theory of the inconsideration of the juridical personality is being approached , as well its inclusion on the Brazilian law system, besides of being in-depth the necessary requirements for its application. On this context is being analyzed fundamentally the legal devices previews the express the inconsideration of the juridical personality being it: The "Codigo de defesa do Consumidor" (code of defense of the buyer) on the article 18, the antitrust law on the article 28, the law of Environmental Crimes, and its preview of the issue. Nevertheless, it receives special attention by the "Codigo Civil de 2002" ( Civil Code of 2002), on which refers to the article 50, devise that states in a adequate way the interpretation of the others rules the preview the inconsideration, including correcting the vices that may exist. This study was based on the deductive method, bibliographical and documental research.