"Disregard doctrine": the application of reversal disregard entity theory

• Autor(a) principal: Costa Cazelatto, Caio Eduardo
• Data de Publicação: 2018
• Outros Autores: Segatto, Antonio Carlos, Ide da Silva, Naina Beatriz
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/27651
• topic: Reverse disregard entity theory; Disregard doctrine; Legal personality.; Desconsideração inversa da personalidade jurídica; Disregard doctrine; Personalidade jurídica.

The present study aimed to study, from the theoretical method, the institute of the disregard entity theory, also denominated as disregard doctrine, in its inverse modality. At first, we analyzed as minor theories and greater disregard entity theory, with its aspect of property limitation, which is an essential institute to develop and stimulate an economic activity. Next, we address the disregard of legal personality and its forms, as well as forms of corporate organization that are often used fraudulently and which is an application of the institute. It will also be treated as an exercise of judicial power, since, in a country for a procedural effectiveness, a judgment has been used as a form of excessive, as a general rule and not as an exception, which would be a purpose to be Originally intended to trivialize and liquidate the concept of legal personality. Finally, as procedural questions and an application of the inverse disregard entity theory in relation to the business enterprises, in light of the New Code of Civil Procedure.