A teoria da desconsideração da personalidade jurídica e sua aplicação em análise de crédito

Abstract

The object of this paper is the application of the Disregard of the Legal Entity Doctrine in the Brazilian Legal Framework, its evolution and hypotesis, specially for credit analysis, business safety and fraude restrain. This paper also studies the diferente concepts of this doctrine in a common law or a Roman-Germanic civil law environment and how it affects a non-recourse or limited recourse long term structure. It defends that a broad understand of this doctrine, like it occurs in Brazilian Labor Courts, far from enhance stability, will cause Strong business constrain.