Name: HECTOR CAVALCANTI CHAMBERLAIN
Publication date: 08/06/2020
Advisor:
Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Internal Examiner * |
| TRÍCIA NAVARRO XAVIER CABRAL | Internal Examiner * |
Summary: The present work addresses the disregard of legal personalitys incident, a procedure defined as a modality of intervention by third parties in the Civil Procedure Code of 2015, regulated by articles 133 to 137. The incident represents an innovative legal discipline of the disregard procedure, previously guided by what the courts said. In general, the term disregard of legal personality brings to mind the application of an exception to the principle of subjective autonomy of the legal entity. Courts and doctrine resort to disregard for a variety of situations, from the many sectors of law. In view of the different flanks that the study of disregard can go through, we decided to reduce the object
of study, based on an analysis of disregard under the particular perspective of patrimonial liability. The cut introduced in the theme brings the imperative to promote a linguistic correctness of the so-called disregard doctrine, going through the origins of the theory of disregard and the current legal analyzes of the theme, so after it can be inserted in the context of patrimonial liability. Finally, the dissertation intends to examine, from a procedural point of view, the disregard as a phenomenon related to patrimonial liability. From the procedural framework, we intend to examine both the substantial aspect of disregard in the process, particularly as a request from the creditor capable of causing significant changes in the outside world, and the formal aspect, since the legislator affected a specific procedure to the disregard.
