O incidente da desconsideração da personalidade jurídica como efetivação do contraditório e do devido processo legal

Abstract

The present work of conclusion of course deals with the incident of the disregard of the legal personality as an institute of effectiveness of the adversary and due legal process to be followed in the NEW CPC. The exploration of this theme arose from the need to encourage a greater discussion about the important institute that basically restrains fraud and abuse of law in business and civil law in which often the members have their assets attacked regardless of any opportunism of manifestation, not it is often done in practice, previously, to the partner of the legal person the opportunity to manifest and try to prevent the acts of property expropriation of him. Therefore, we seek to make a jurisprudential and bibliographical research on the theme brought to the fore. Therefore, we sought to consider the weightings of legal entities and corporate background, accountability of members, legal personality and important observations in art. 50 of the Civil Code of 2002. Therefore, it will analyze the incident of the disregard of the legal personality, following a process in the execution phase, which approximates the company's responsibility to its members, thus reaching their assets, and are opportune to the adversary and the legal process by means of this incident so that the third one has its principles guaranteed.