A incidência da desconsideração da personalidade jurídica no direito de família e das sucessões

Abstract

The purpose of this scientific article is to analyze the hypotheses of application of the inverse legal personality disregard in Family and Succession Law, specifically in cases in which this institute is commonly applied, such as the division of marital property, alimony and legitimate succession. The method used was based on bibliographic and documental research, carried out through the books, articles, laws and jurisprudence. The cases in which a partner or administrator of a company makes use of the legal personality of a company in order to practice abusive and fraudulent acts to harm the rights of others and obtain undue advantage or benefit third parties to the detriment of others were increasingly verified. The theory of disregard of legal entity, also known as the "disregard doctrine", arose and developed in the doctrinaire and jurisprudence fields, with the aim of preventing the undue use of legal entity, until it was consolidated by Brazilian law. With the emergence of this theory, its inverse modality also began to be applied, in which the company is held responsible for the personal obligations of the partners, who also use it as a means of defrauding the rights of others, especially those arising from the field of Family and Succession Law. This is the reason why this theory also began to be applied by the Brazilian Courts to the various forms of corporate business designed to defraud the sharing of assets in divorce and dissolution of stable union, alimony payments and legitimate succession. Although there is an axiom that due to its patrimonial autonomy, the legal entity is inviolable and its partners are immune from liability, the theory of disregard has proved essential to prevent the company from being misused and to more effectively protect the rights of third parties harmed by the fraudulent act, but that, through the instrument of disregard, can have their rights restored