Análise do instituto da desconsideração da personalidade jurídica no novo código de processo civil, à luz do embate entre os princípios da segurança jurídica e da celeridade processual

Abstract

The beginning of the term of the new Civil Procedure Code, this year, opened again the discussion about the disregard of legal personality, by bringing a procedure that regulates the form of application of the disregard doctrine. This work aims to analyze how the disregard of legal personality was treated in Brazilian justice to the entrance of CPC/2015, particularly in the labor courts, as well as analyze, critically, the consequences of the new procedure brought by such procedural law, under the focus of the clash between the principles of legal certainty and procedural celerity in order to consider whether the procedure will harm or benefit the theory of disregard and especially the litigants. To this end, the institute will be analyzed in itself, the theories that surround it, the different application forms, as well as all the procedural details of the procedure under examination, especially to acclaim the contradictory and full defense, as well as mechanisms combating fraud.