A desconsideração da personalidade jurídica de acordo com a lei da liberdade econômica: análise da recente jurisprudência do TJRJ

Abstract

This dissertation aims to develop the issue of disregard of legal personality, focusing on the Declaration of Rights to Economic Freedom, with the main focus on §1 of article 50 of the Civil Code. The legislator was faced with the need for a new delimitation of the conceptual aspects regarding the institute, which was first dealt with in Provisional Measure no. 881/2019, by the Executive Branch, and later adjusted in a legislative process to be converted into the Economic Freedom of nº 13.874/2019, by its article 7. The legislator, then, innovated by introducing five important paragraphs to article 50 of the Civil Code that redefined concepts that did not previously exist in the code, which were left to the judiciary and doctrine to define, in addition to the caput having been changed in its second part. Hence, the institute of disregard was also clearly presented when the word “disregard” appears in the text. And given these basic assumptions, the master's thesis sought to analyze the entire legislative process carried out in the National Congress, highlighting the main normative points of Law No. text sought to work the concepts there presented to the institute of disregard in the paragraphs. Aiming fundamentally at analyzing the jurisprudence of the Court of Justice of the State of Rio de Janeiro in the corresponding periods from 2020 to 2022, of its 27 civil chambers after the enactment of the law that amended article 50 of the Civil Code, to point out what were changes in the decision-making process based on the new law by the court. In view of the diploma bringing new and very clear definitions of each institute of disregard of legal personality, highlighting for that purpose paragraph 1 of article 50 of the Civil Code, in the court's jurisprudence the extension of what would be deviation from purpose and the practice of acts illicit.