Direito de família: a desconsideração inversa da personalidade jurídica como instrumento de combate à fraude no direito familiar

Abstract

This paper analyzes the reverse piercing of the corporate veil and its application in family and succession law, especially in cases involving asset division (in divorce or dissolution of stable unions), child or spousal support enforcement, and intestate succession. The study aims to establish objective criteria for the use of the disregard doctrine in this legal field, in light of the legal uncertainty caused by its uncritical application in family relations. It questions the broad application of the disregard mechanism in situations where other well-established legal tools, such as simulation, fraud against creditors, or fraud on execution, could be equally effective. The conclusion is that the piercing of the corporate veil should be reserved for situations in which no other means are available to prevent or repair the harm caused by the misuse of legal entities through abuse of legal personality, misuse of purpose, or asset commingling