Aplicabilidade da teoria da desconsideração da personalidade jurídica inversa no direito de família

• Autor(a) principal: Silva, Larissa Callegari da
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5638
• topic: Desconsideração da personalidade jurídica; Pessoa jurídica; Direito de família

OBJECTIVE: The objective of this monographic work is to analyze the possibility of applying the institute of disregard of the inverse juridical personality within the scope of Family Law, specifically in the case of sharing of marital assets. METHOD: The research can be classified, at the level, as an exploratory research; as to the procedure used for data analysis, it is understood as qualitative research; regarding the procedure for collecting data, is classified as a bibliographical and documentary research, through the use of books, articles and jurisprudence. RESULTS: It was verified that it is not uncommon for a partner or administrator of a company, taking advantage of the legal personality of a company, to perform abusive and fraudulent acts with the purpose of harming third parties and gaining undue advantage. Aiming to curb the misuse of the legal entity, the theory of disregard of the legal personality, also known as disregard doctrine, has arisen that is disregarded the distinction between the patrimony of the society and the patrimony of the partner, in order to hold members and administrators accountable obligations. It is noticed, however, that although this theory is foreseen in the Brazilian legal system, there is no legal provision that authorizes its application in the scope of Family Law, which could imply in an opportunity for one of the spouses or partners to manipulate, abusively, society, aiming, above all, to defraud the sharing of marital goods in a divorce or dissolution of a stable union and to use such legal loophole to exonerate itself of any responsibilities. CONCLUSION: Although there is no legal provision authorizing the application of the disregard of legal personality in the scope of Family Law, doctrine and jurisprudence have welcomed the possibility of applying the said institute, in its reverse modality, especially in the hypothesis of fraud sharing of assets conjugal acts, aiming to curb the abusive and fraudulent acts practiced under the corporate veil, in order to reach the social goods that are being used, unduly.