A desconsideração da personalidade jurídica após a Lei nº13.874/19: uma análise das alterações reais e fictícias
This study aims to analyze the changes that occurred in the disregard of legal entity after Act No. 13.874/19. The study is important to verify what actually represented a significant change in the theme and what were just changes without great innovation for the Brazilian legal system. Based on the...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
2022
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8741497 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 14, Nº. 2, 202225 pags. |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
This study aims to analyze the changes that occurred in the disregard of legal entity after Act No. 13.874/19. The study is important to verify what actually represented a significant change in the theme and what were just changes without great innovation for the Brazilian legal system. Based on the hypothetical-deductive method, it is demonstrated that the legislative change reinforced what was already dominant understanding of jurisprudence, as well as reinforced legal concepts already embedded in the doctrine, but also, improved parameters for the application of the theory, enabling its use in a technical way and restricting (or limiting) the performance of the judges more rigidly. In the end, it is possible to conclude that Act No. 13.874/19 failed to resolve the existing conflicts concerned to this theme, maintaining the legal uncertainty for Brazilian investors, but it must considered that a longer period of validity of the law is needed to verify the real impact on the increase of business activities in Brazil. |
|---|