Grupos societários de fato: aspectos de uma realidade societária contemporânea e as consequências de sua utilização abusiva

Abstract

The contemporary and controversial debate about 'de facto' corporate groups is addressed and described with a focus on today's concept of business and how this activity should be exercised with respect to limits, objectives and functions. This involves how to identify the 'de facto' groups and how they present themselves beyond equity investments, with diffuse models of control and without any ownership interest. The corporate group as an important development tool of the economy, in addition to serving its internal interests, must also fulfill a social role in achieving the objectives of the Republic's Constitution. The use of the corporate group abusively, as a way to harm creditors and the community, is an affront to the principle of social function, and that is why it should be restrained by the public order with the remedy of disregarding its legal entity institution. The objective criteria for the application of disregard is based on the concept of function diversion provided for in Article 50 of the Civil Code in the light of the principles of economic order provided for in the Constitution (CRFB).