A Desconsideração Inversa da Personalidade Jurídica das Pessoas Jurídicas nas Ações de Alimentos

Abstract

This monograph discourse on the disregard of the legal personality in its inverted form, with the purpose of presenting the possibility of its application in the food institute in the judicial sphere. The graduate was motivated by the device on the subject, which was positived in the New Code of Civil Procedure, which came into force on March 17, 2016, being the first in the legal order of the country to deal with the specific procedural procedure for the reverse disregard, correcting a legal deficiency, which obliged the magistrate to proceed by comparing with other institutes. The institute's forecast of the disregard of legal personality can be found in some sparse laws, and in the Civil Code of 2002. In jurisprudence it is possible to find a decision both on the disregard of the legal personality and in its inverse form. The disregard of the legal personality in the inverse modality has entered our legal system mainly to protect the Family Law, curbing the debtor that fraudulently shows itself in conditions of poverty or miserability to avoid that the obligations arising from the due food are fulfilled or paid the smallest. The purpose of this paper is to address the issues related to the topic, dealing with the emergence, characteristics of the disregard of the legal entity and its inverse form, its legal prediction in the legal scope of the New Code of Civil Procedure, which provided a procedure for the institute itself Brazilian legal framework.