Name: LUANA ASSUNÇÃO DE ARAUJO ALBUQUERK
Publication date: 11/04/2022
Advisor:
Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Advisor * |
| CLÁUDIO IANNOTTI DA ROCHA | Internal Examiner * |
Summary: The purpose of the presente scientific work is to study the establishment of the
incident of the disregard doctrine as an adequate mechanism to allow the inclusion of
the joint labor debtor in a labor claim alleging the formation of an economic group
based on art. 2, § 2 of the CLT, also observing the limitations imposed by art. 513, §
5 of the CPC/2015. Therefore, it is proposed a brief study about the treatment given
by the Brazilian legal system to the legal entity to then study the groups of
companies: group by convention, group by fact and economic labor group. An
approach will also be made on the principles applicable to the labor law process and
that gain importance for the proposed theme, with emphasis on the principles of due
process of law, contradictory and full defense.Another point that will be adressed
refers to the application of the theory of disregarding the legal personality in the
Brazilian legal system to then analyze its application in labor law. At the end, an
approach will be made about the incident of the disregard doctrine and its
application in labor law process, in order to reach the proposed conclusion, that is,
regarding the need to institute the incident of disregard of the legal personality to
authorize the inclusion of the joint labor debtor in a labor claim alleging the formation
of an economic group based on art. 2, § 2 of the CLT, under penalty of procedural
nullity, which will be done in light of the current rules, the superior courts
understanding and adopting as a reference the existing doctrine on the subject.
Keywords: Labor economic group. Solidary debtor. Principle of due process of law. Contradictory principle. Incident of disregard of legal personality.
