Coisa julgada no incidente de desconsideração da personalidade jurídica

Abstract

The Civil Procedure Code of 2015 (CPC) brought the incident of disregard doctrine (IDPJ) as a kind of third-party intervention capable of partially transforming the subject in question (arts. 133 to 137), in such a way as to interpret the IDPJ as a legitimate incidental knowledge action. In this way, the sentence chapters decided mainly on the themes inherent to the IDPJ can receive the authority of res judicata (article 503, § 1 of the CPC), which leads to the verification of the objective limits of res judicata in the IDPJ, especially from the study on the relationship between harmfulness and the formation of material res judicata. In addition, regardless of whether res judicata is formed in a chapter that provides for the preliminary question or a chapter on the disputed object, the fact is that the decision of a main character will receive the authority of the res judicata, which matters in analyzing the scope of its subjective limits to reach or benefit the subject filed in the IDPJ (article 506 of the CPC)