A (im)possibilidade da desconsideração inversa da personalidade jurídica nas obrigações alimentares no direito brasileiro

Abstract

In the business sphere, a legal entity is a set of natural persons or assets with rights and duties, patrimonial autonomy and limitation of liability, with their own existence and distinct from their partners and representatives. For the proper functioning of a company, there are parties involved, such as the personality relationships between the partners, and their proper regulation, such as the asset separation between their assets, as a protection against attacks on their personal assets. However, there are partners who act in bad faith, using this patrimonial autonomy to commit illicit acts, benefiting from the patrimonial separation. Thus, the Theory of Disregard for Legal Personality was developed, a penalty that affects the partners' assets when deviations and abuses are detected that corrupt the initial purpose of having patrimonial separation between the partner's assets and the company's assets. Among the situations that allow the disregard of legal personality in the social sphere, there are frauds committed within the scope of Family Law, such as obligations to provide alimony, considering that it is one of the most sacred and fundamental rights for human dignity and life, that is, an obligation arising from those responsible towards their dependents and vulnerable people, as they are unable to support themselves. Thus, the general objective of this Course Completion Work is to analyze the limits and possibilities of disregarding the inverse legal personality in a business context to satisfy partners' alimony debts. This is a bibliographical review prepared based on the search for materials that could serve as a theoretical foundation in virtual databases such as the SciELO platform and Google Scholar.