A desconsideração da personalidade jurídica no direito do trabalho

Abstract

This work is divided in three chapters, as follows, the first deals with the DISREGARD OF THE LEGAL ENTITY, from its historical origin, concept, rationale and purpose, based on the Civil Code, the Code of Civil Procedure and on the Code of Defense Consumer. The second chapter was destined to the study of the DISREGARD OF THE LEGAL ENTITY itself, founded in those statutes, which are Commercial Law, Labor Law CDC more specifically, in which ones where examined the equity principle of autonomy, the presumption of illegality, the disregard Conversely, the application of § 5 of Article 28 of the CDC and its assumptions, the labour obligation in the general theory of obligations, the labour succession and economic group, the financial liability in execution processes, the criteria for partners liability, and, at last, the liability of a shareholder due to the company's insolvency: considerations of constitutional principles. In the third chapter was held a brief analysis of jurisprudence regarding the placement of disregard of legal entity status among the 1970-2011 period of time, analyzing the first manifestations of jurisprudence regarding the liability of shareholders, the case law since 1990: the position that was signed by the introduction of the “disregard doctrine”, and finally was collated jurisprudence regarding the disregard of legal entity according Courts understanding