Aplicação do instituto da desconsideração da personalidade jurídica no direito do trabalho brasileiro

Abstract

This paper intends to study the application of the disregard of the legal entity within the scope of labor claims, starting with a brief introduction on the topic, followed by a necessary presentation of the general aspects and basic concepts essential for understanding the subject, then analyzing the figure of the legal entity and its main characteristic of patrimonial autonomy as an effective tool for stimulating the economic activity. Then it is presented a history indicating the first reports of the implementation of the addressed legal institute, as well as a brief outlook of its institution in Brazilian law, demonstrating how the institute falls in Civil, Tax, Consumer, Antitrust and Environmental legislation and what are the theories adopted in each of these areas of law regarding the application of the disregard doctrine. Lastly, the study analyzes the use of the institute by the Brazilian labor judiciary, its legal and social consequences, as well as exposes the understanding that, although with the noble purpose of giving efficiency to the labor process and protecting the rights of the worker, the institute may be being applied in a distorted manner regarding the exceptional purpose for which it was intended