Name: JOÃO RAFAEL ZANOTTI GUERRA FRIZZERA DELBONI
Publication date: 21/10/2022
Advisor:
Name |
Role |
|---|---|
| TIAGO FIGUEIREDO GONÇALVES | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| THIAGO FERREIRA SIQUEIRA | Internal Examiner * |
| TIAGO FIGUEIREDO GONÇALVES | Advisor * |
Summary: The research analyzes the systematization of the procedure of partial dissolution of a company from its procedure and its techniques under the influences of substantive law. It aims to systematize the discussions on the subject, so that its application is carried out in line with the inflows of substantive law, as well as is presented a critical view of legislative innovation and its interaction with other procedural techniques and procedures is analyzed. This object is linked to the PPGDIR concentration area, notably Line 2 (Processes, Techniques and Protection of Existential and Patrimonial Rights). The research is the result of bibliographic research, conceived in the study and analysis of materials already published in Brazil and abroad and related to the area of procedural and corporate law, study of legislation and analysis of jurisprudence, especially from the Superior Court of Justice and the Supreme Court. As a result, the research identified that: (i) the procedure of partial dissolution of a company constitutes a jurisprudential creation and, for centuries, lacked a procedure defined in the legislation; (ii) with the advent of the Civil Procedure Code of 2015, the procedure for the partial dissolution of a company was established in law, but the legal procedure left several gaps, first because the matter was treated in a unitary way, which obliges the interpreter to analyze the topographical application of certain articles based on substantive law and on the fundamental norms of civil procedure, when, in reality, it would be simpler if the legislator had distributed the rules according to the procedure to be followed: partial dissolution lato sensu, partial dissolution stricto sensu and inventory of assets; second, because the procedural legislation brought several substantive law norms, which modify the previous system and/or collide with consolidated legal understandings; third, because the procedural legislation, in the institutes that it should seek completeness, said less than it should. Keywords: Action for Partial Dissolution of the Company, Determination of Assets, Procedure.
