Penhora de cotas na sociedade limitada: análise jurídica á luz da função social da empresa.

Abstract

The Limited Partnership is a corporate type widely used in the country, as it adopts the rule limiting the liability of partners for the obligations of society to the social value that follows the value of the shares of each partner, accounting for the payment of such capital, discipline as Article 1052 of the Civil Code. Thus, to achieve the objective of this work it became necessary to approach the following points: the analysis of business activity in the light of the limited partnership, the limited liability company itself, presenting concepts and features, as well as the embodiment assumption of limitation liability of partners and the principles of limited partnership informants. It was also highlighted to piercing the corporate veil and its prospects under the constitutional perspective, as well as judicial review and legal analysis given the responsibility of business companies. Later, it entered the main theme of the study which is the pledging of shares in a limited liability company, the concept and legal treatment of coordinate is presented, as well as positions on the possibility of attachment, identifying what the doctrine and the courts understand on the problem, and the effects and consequences that the implementation of such an institute would have for society as regards the social function of property. This work is justified since it is proposed to examine the possibility of attachment of shares in a limited liability company and as such possibility might reflect on the socio-economic aspect of that business associations The issue relates to the examination of the attachment of shares in a limited liability company, and the consequences and relevance that this new north presents for the Brazilian legal system. As well as the consequences that this possibility can bring to the business company guiding decisions in a legal context. Thus, as we understand that when disregarded the legal personality of the business company, the private property of the partners shall be liable for obligations incurred by it, so be attachable social dimensions of business associations in the process of implementing the socio bondholder debt because integrates social share equity partner and accounts for its debts, even though the social contract conditional transfer them. Thus, the mentioned objectives were achieved since it was found through research the possibility of pledging of shares in a limited liability company. Thus, aiming to achieve these objectives, was used as the deductive method of approach, and as a method of procedure, the evolutionary history and comparative study, seeing that through the first assumes that current forms of social life, institutions and customs have their origin in the past and through the second comparison is performed in order to verify similarities and differences between groups explain this, or between them with the past. It is important to research your roots and understand its nature and function. We also used the comparative method as it is to investigate phenomena or facts and explain them according to their similarities and differences. And, as a research technique, we used the theoretical, throwing hand as literature, the use of doctrines, legislation, court decisions, and scientific articles found in the electronic medium. Thus, one can understand that there are cases in which the partners can be held liable without limit but, as a result of acts committed in disagreement with the social purpose of the company or even for acts that offend the law and the social contract, based upon the violation of the power that is given to them, and one of these hypotheses is precisely the social dimensions of attachment.