Aplicabilidade da desconsideração da personalidade jurídica nos processos falimentares: das sociedades limitadas

Abstract

This dissertation aims at the Disregard of Legal Entity Doctrine, its effect on the patrimony of partners, directors and affiliates, and their applicability in bankruptcy proceedings - specifically in relation to Limited Liability Companies - in light of the Brazilian legal system. First, to highlight the main aspects of Limited Liability Companies, and how intrinsic characteristics of such companies are particularly important when analyzing the disregard of legal entity procedure in bankruptcy proceedings. The present work also analyses the existent theories (major theory and minor theory), the permissive legal laws (Brazilian Law's of Customer Defense Code, Antitrust Law, Law on Environment Protection, Consolidation of Labour Laws, National Tax Code and the Civil Code), the observance of the contradictory principles, and, finally, the applicability of the focused doctrine on other special processes.