Desconsideração da personalidade jurídica inversa: um estudo jurídico-constitucional a luz da função social da empresa.

Abstract

The present work is the study of piercing the corporate veil in the national legal system, focusing on its inverse form of application. Given the socioeconomic importance of corporate society and the legal relations arising from it, if you want , through the possibility of the applicability of that legal instrument in its inverse form and its effects on the principle of the social function of the company, externalize attempt to reconcile two areas: maintenance of the corporate entity on one side and, from another angle, the search for the prosecution of illegal conduct committed by members who fraudulently use the personality of the company for the purpose of harming the rights of others. Understanding the legal personality of the business company presents itself as a "shield" shield before the socio- member, but if misused, could serve as a tool to practice law in shady acts. Proves effective display the instrumentality of piercing the corporate veil in reverse order, with a view to demonstrating that the national legal system does not sit well with situations that go against the law and established principles. Initially, in order to settle fundamental concepts for understanding the theory, examines the institution of legal person under the legal and doctrinal meanings, their nature, theories of personality, as well as ratings are assigned to a legal entity. Also take care to present the existential assumptions, birth, highlighting the beginning of its legal existence under Art. 45 of the Civil Code, the acquisition of own personality and the effects thereon, with emphasis on asset separation (Art. 1024 CC). For this, use is made of the hypothetical deductive method as a method of approach; evolution of historical and comparative methods as methods of procedure, and as a research technique, the literature and data collection. In this context, analyzes the theory of piercing the corporate veil, covering their origin and their adoption gradually in positive paternal land, its concept, the difference between disregard and depersonalization, the requirements for implementing the Theory and diverse application, with emphasis on the reverse, also addressing the possibility of applying the art. 50 CC. Also noteworthy is the instrument of the inverse disregard as a factor for effectiveness of the social function of the company, the fact that he could achieve dual purpose: to deter fraud and abuse of rights and at the same time preserving the company from an unwanted breakup. In this context, it demonstrates that the Theory of Disregard, either direct or inverse, has a social function, protecting the legal relationships and bringing social benefits from the maintenance of the corporate entity.