PINHEIRO, D. S. V.; PINHEIRO, Daniella Sarmento Vieira.
Abstract:
This research promotes critical evaluation about the institute of piercing the corporate
veil, highlighting the need for legal regulation of the said institute. Whereas these
cases, the magistrates do not adopt an objective parameter in light of due process, it
appears that in most cases, the 'process execution' phase or 'compliance with
judgment,' there is the disregard, regardless of provocation of the interested party.
Aside from that, there are even tried to give opportunity to the corporation to rule in
order to pay off the debt, nor determine the quote of the partners, injuring basics of
the process and the democratic rule of law. Portion of doctrine and jurisprudence
homelands contribute to addressing the questions posed about the theme, arguing
procedural mechanisms without trampling due process. In this sense, this research
discusses the possibility of regulating the procedure for the application of the institute
of disregard, including analyzing the Draft Law No. 3.401/08, authored by Mr Bruno
Araujo, rescuing the initiative of the late Ricardo Fiuza. The said project aims to
ensure compliance with the constitutional principles of 'contradictory' and 'legal
defense' through the opening of a procedural issue, which is applied only after the
disregard hearsay of members and is proven fraudulent conduct or abuse from loved.
Having approval of Bill No. 3. 401/08 the procedure to be followed should be
respected by the judiciary in Brazil, and no more so many distortions in its
application, bringing back security to business relationships.
