A desconsideração da personalidade jurídica e seus aspectos processuais no âmbito do processo de recuperação judicial

Abstract

The present study is about piercing the corporate veil in judicial reorganization proceedings. The theme is extremely relevant, especially due to the changes introduced by Law 13,105/2015 ("Code of Civil Procedure of 2015") vis-à-vis Law 11.101/2005 ("Bankruptcy Law"), notably in the context of judicial reorganization proceedings. Due to the importance of the institute, along with the innovations brought by Code of Civil Procedure of 2015 in view of the application of piercing the corporate veil in judicial reorganization proceeding, we have a study on the general theory of the incident, as well as some procedural discussions about the subject and its applicability in judicial reorganization proceeding. Then, through doctrinal and jurisprudential analysis, the first chapter briefly exposes the social context in which the institute of piercing the corporate veil arose and the authorizing assumptions for the establishment of the institute. Next, we will analyze the procedural aspects brought by the Code of Civil Procedure of 2015 and, finally, we proceed to the analysis of the application of the institute in judicial reorganization proceedings and study in specific cases