A desconsideração da personalidade jurídica no novo código de processo civil à luz dos princípios do contraditório e da ampla defesa

Abstract

The emergence of a draft to replace the Civil Procedure Code brought again to the table the discussion about disregarding the legal entity, given that it will innovate as the manner to approach such disregard, even if not solving definitely the issue. In this work, it is sought to demonstrate the benefits of the incoming Law, also aiming at approaching the subject in the light of the principles of adversarial and legal defense. This theory, already used in civil procedures, causes academic debate over which is the best manner to include principles and their boundaries, and that has a consistent usage. It is to be detached that disregarding a legal entity is an institute found in other areas of Law beyond Corporations, such as Consumer and Environmental Law. Considering this setting, the matter carries within it a necessary discussion to demystify it in the many fields of Law, what is done through many actors who will be related thereafter.