Desconsideração da personalidade jurídica sob o enfoque civilista e consumeirista

Abstract

This work deals with the Institute of disregard of legal personality, also known as disregard doctrine, which consists of episodic and temporary removal of the legal personality of the person in order to achieve the person's partner or administrator, to extend the effects of certain dividend and certain relationships to their private property. In this sense, was presented the incidence of the doctrine of disregard of legal personality from the standpoint of civil law and, through the prism of Consumer Law, addressing himself to both the Minor and Major Theories of the institute, its requirements and also various forms of enforcement. The subject studied was treated and scrutinized in accordance with the doctrine and especially with the case law on the subject country, paying special attention to several decisions by the Superior Court, the Court Maximum handle it. Proviso in the work presented that the disregard of legal personality, both under the civil law, as in the sphere of Consumer Rights, is subject matter jurisdiction and, exceptionally already admitted disregard for the legal personality under the Administration Public. Finally, it clarified that the matter is peaceful even though the Supreme Court, remained in constant mutation, so that every time the Superior Court of Justice is to solve complex chores involving the theme of disregard of legal personality, as in cases of disregard indirect.