A efetividade da desconsideração da personalidade jurídica face as relações de consumo.

Abstract

This work has the goal to analyses the effectiveness of the Juridical Personality Sheltered in front of the consumer relationships showing that the consumers rights, the more vulnerable relation part, passed to be more sheltered, and it has the juridical order into its favor to protect them of fraudulent practices committed by people that use themselves of the juridical people for that finality. Thus, in front of the recognizing of the fragility of the consumer has in relation to supplier, ask itself if there is effectiveness of the institute on screen in front of the consumers relationships as order the article 28 of the Consumer Codex. So, the present theme justify itself, since it is proposed to analyses the effectiveness of this instrument in front of the relationship between supplier and consumer, showing that the rights of the more vulnerable part of this relation, passed to be more sheltered, having the juridical ordering by their side to protect them from fraudulent practices committed by people through juridical people. This form, it is important to present the instruments of the slighting into the constituted link between provider and final receiver, aiming to demonstrate that the patriotic Law does not list with situations that go against the law and the instituted principles. In the beginning, to examine the definition of consumer relationship, the historic and the subject that composed it. After that, it makes the study about the institute of juridical personality, their existential assumption, its origin, the own personality acquisition, the arising effects and their theory, consequently, it discuss about the Slighting Theory in a general way, approaching its history, legal prediction, informed theories as well the difference between the institute in discussion and the depersonalized. And at last, to study the slighting in front of the consumer relationships, by the exposed on the article 28 of the Consumer Code Defense and, of the form to verify the effectiveness of this instrument on the juridical order patriotic as regards the consumer relationships. For that, it makes the use of deductive method as approach method, of evolution historic and comparative methods as procedure method and as research technique, indirect document. The present study, this form, the object in study to show meaning effects for the patriotic Law, in view of being a juridical instrument able to protect the more vulnerable part of the consumer link against the illicit acts of the member partners of the juridical person, without then, for that, eliminate the personality, beyond to protect the more vulnerable part of the relationship consumerist: the consumer.