Blindagem patrimonial: seus benefícios jurídicos para a gestão dos bens familiares por meio das holdings patrimoniais

Abstract

It is known that with the consolidation of the capitalist system worldwide, the patrimony has gained significant importance for families, since it brings comfort and financial security that in the future will be inherited by the descendants of a family group. In view of the importance given to the patrimony, several strategies have been created, in accordance with the norms of the Brazilian legal system, to protect the patrimony from being lost over time, and to prevent third parties from taking advantage of such valuable family assets. These strategies are called Asset Shielding, and understanding how it works and the laws that involve it is of utmost importance, as its objective is to guarantee your rights and your will, respecting what is determined by law, so that these strategies are not used in vain, due to illegal procedures that may be carried out. In this way, knowledge of the Civil Code and the Commercial Code is required in order to understand the legislation that governs patrimonial law, succession law, and business law, which will be used simultaneously in the application of the Asset Protection strategies. In view of this, this Monograph aims at explaining in detail the Asset Shielding and all its aspects, especially through the constitution of Asset Holdings, in order to generate a better understanding of its benefits and the necessary procedures for it to be carried out in the best possible way, according to the law's commandments, thus respecting the legal-constitutional principle of legality. This will be done by means of social and legal analyses of the Brazilian society, so as to explain the whys and wherefores and the legal grounds contained in the Federal Constitution, the Civil Code, the Commercial Code and other dispositions that may be necessary to complement this analysis