As problemáticas do incidente de desconsideração da personalidade jurídica no processo de execução

Abstract

The object of this paper will be the legal analysis of the disregard of legal personality, justified by its extreme importance in the legal field, due to the provisions brought in the Code of Civil Procedure and the Civil Code. Thus, the paper will initially address and explain the general and specific concepts and principles related to the enforcement process. In this sense, it will provide the basis, procedure and impact of the events of the incident of disregard of legal personality during the enforcement process, highlighting its relevance for the effectiveness of the jurisdictional provision and the guarantee of creditor satisfaction. In addition, this study will provide the explanation and confirmation of the acceptance of the theory of disregard of legal personality in the sphere of substantive law. Furthermore, the paper will analyze the procedural system for disregard, as well as the definition, requirements and problems of the incident of disregard of legal personality. Furthermore, the paper will identify how the Superior Court of Justice deals with certain problems of the incident of disregard of legal personality in the enforcement process