DISREGARD OF LEGAL PERSONALITY AND YOUR APPLICATION IN RELATION TO MEMBER WHO DOES NOT EXCEED THE FUNCTION OF ADMINISTRATOR

Abstract

This study was conducted in order to analyze the theory of disregard of legal personality in National Law. Firstly, the legal personality and its patrimonial autonomy in relation to the company's partners will be observed – depending on the corporate
type adopted – and which aims to promote economic activity with greater security for them. Next, the disregard of legal personality will be analyzed, its historical bases in Brazil and the world, and the theories on the subject, notably the major and minor theories, with the hypotheses of application. Afterwards, the possibility of disregarding the legal personality in relation to the non-managing partner, the object of this work, will be addressed. Finally, it will discuss the current use of the institute in our legal system, the procedural aspects of applying the theory and whether it is used correctly or excessively.