Desconsideração da personalidade jurídica: necessidade de regulamentação para efetiva aplicabilidade.

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.