Third-party intervention in the incident of piercing the corporate veil: typical and atypical scenarios
Name: DIEGO GOMES DUMMER
Publication date: 20/05/2025
Examining board:
Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Examinador Interno |
| SOFIA ORTEG TEMER | Examinador Externo |
| THIAGO FERREIRA SIQUEIRA | Examinador Interno |
| TIAGO FIGUEIREDO GONCALVES | Presidente |
Summary: This dissertation investigates the legal framework and possibilities of third-party intervention in the Incident of Piercing the Corporate Veil (Incidente de Desconsideração da Personalidade Jurídica – IDPJ), based on the constitutional principles of contemporary civil procedure. Recognizing the increasing complexity of legal relationships and the inadequacy of a rigid, traditional understanding of legal interest, the study proposes a reinterpretation of this concept to enable the participation of parties potentially affected by the effects of the IDPJ. The research adopts a dogmatic and analytical methodology, with historical and critical insights into patrimonial autonomy and the disregard doctrine, combined with a systematic examination of typical and atypical forms of third-party intervention, such as joinder, amicus curiae, and anomalous intervention by public entities. It argues that the IDPJ, due to its sensitive and far-reaching impact, demands broader openness to third-party participation to ensure a qualified adversarial process and prevent procedural harm. The dissertation presents a theoretical and practical framework for third-party interventions in the IDPJ, offering objective criteria for their admission, especially during evidentiary phases. It concludes that the cooperative model of civil procedure requires flexible forms of legal standing and calls for specific regulation to uphold legal certainty, effectiveness, and due process. This study thereby contributes to the improvement of the Brazilian procedural system, aligning it with constitutional values and the demands of democratic participation and judicial efficiency.
