Meios de blindagem patrimonial e a sucessão processual como ferramenta para redirecionamento da execução diretamente ao patrimônio dos sócios

Abstract

The purpose of this study is to investigate the means of patrimonial shielding currently used, as well as the use of the institute of procedural succession to quickly redirect the execution to the partners of irregularly closed companies. This research is relevant since it is common practice for debtors to irregularly close down legal entities, transferring assets to other companies and/or third parties to prevent creditors from locating and seizing their assets. To be restricted to the procedure of disregard of legal entity will cause a series of losses to creditors, in addition to overloading the Judiciary with the initiation of incidents to investigate companies that were dissolved inappropriately. The use of procedural succession to determine the irregular termination of a legal entity and the redirection of the execution to the partners is completely appropriate since it will make the execution process more effective, reducing, consequently, the number of incidents before the Judiciary, also serving as a means to guarantee the recovery of the credit by the creditor and to restrain fraudulent actions. To this end, this study will be conducted through the Brazilian legislation and its application to the case, in addition to the indepth analysis of the understanding of the doctrine and case law on the appropriateness of procedural succession for redirecting the execution to the partners' assets in the event of irregular closure of the legal entity