Banca de QUALIFICAÇÃO: LUCAS DUARTE DE MEDEIROS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : LUCAS DUARTE DE MEDEIROS
DATA : 06/06/2017
HORA: 10:00
LOCAL: UFRN - Núcleo de Pós-Graduação em Direito.
TÍTULO:

THE DISREGARD OF LEGAL ENTITY DOCTRINE

UNDER THE VIEW OF THE DUE LEGAL PROCESS

PALAVRAS-CHAVES:

Democratic state. Discursive theory of the process. Procedure for

disregarding legal personality. Due process.

PÁGINAS: 107
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

The purpose of this paper is to analyze the procedural aspects of the use of the institute

of disregard of legal personality in Brazilian law, and also to verify if its application is

in line with the constitutional rights and guarantees arising directly or indirectly from

due process of law. Thus, initially, it has as a paradigm the Democratic State of Law,

which requires the conformation of the process to more democratic bases. It then

comments on the emergence of the legal entity and its existential and patrimonial

autonomy in the legal system. This is done by analyzing the limitation of the

responsibility deriving from legal personification, and the context that allowed the

emergence of the institute from disregarding the legal personality. The hypothesis of

application of this institute in Brazilian law is discussed below. Finally, it presents a

proposal of discursive theory of the process, based on the ideas of Jurgen Habermas, to

fit the civil process as an instrument of social integration to enable the adequacy of the

procedure of disregarding the legal personality to due process in its procedural and

material scope. It accomplishes a deep doctrinal analysis, always preoccupied with the

empirical plan, by means of a reproduction of the jurisprudence of the Superior Court of

Justice referring to the subject matter. It is also important to analyze critically the

pioneering incident of disregarding the legal personality introduced by the New Code of

Civil Procedure, concluding the insufficiency of the new legislation and the imperative

need to change mentality in order to establish a theory that guarantees due process in all

aspects, to enable a Democratic Jurisdiction.

MEMBROS DA BANCA:
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - 1197589 - MARIA DOS REMEDIOS FONTES SILVA