A jurisprudência sobre a autonomia patrimonial da falida: o uso abusivo da desconsideração da personalidade jurídica pelos tribunais na falência sob a tutela da Lei 14.112/2020

Abstract

The present work is dedicated to analyzing, using qualitative and quantitative empirical research and bibliographic review, how the State Courts and the Superior Court of Justice have behaved from the changes promoted by the Law 14.112/2020 in the Bankruptcy Law during its first effective year. The aim is to verify if the Courts have given normative effectiveness to article 82-A and its paragraph, which began to regulate the procedure for disregarding the legal personality of the enterprise that faces a bankruptcy process. In order to do so, initially, the theoretical developments of the corporate entity's legal personality were studied, as well as the greater purpose of its disregard. Furthermore, sought to align these theoretical considerations to the peculiarities of the bankruptcy procedure from the bankruptcy decree, with the constitution of the bankrupt estate, the dissolution of the business company and the genesis of the figure of the "bankrupt enterprise". In the end, with the presentation of the research results, it was concluded that, despite the legislative change, the Local Courts linked to the Common Justice have continued to apply the disregard of legal personality with criteria that differ from those provided for in the new Law of Bankruptcy, keeping the Superior Court of Justice silent until then.