Desconsideração da personalidade jurídica no processo trabalhista face ao novo Código de Processo Civil

Abstract

Owners and managers of companies sometimes use the prerogative of patrimonial autonomy of the legal entity to exempt themselves from liability for their debts. Thus, in order to minimize the effects of this deviation, it is applied the disregard of the legal entity, causing the debts of the company can reach the partners or responsible administrators for them. For a long time, this institute was without proper procedural regulation for its establishment. It was only after the advent of the new Civil Procedure Code that this legislative gap was filled, by means of its articles 133 to 137. In view of the above, the present work sought to analyze the institute of the disregard of legal entity in the procedure labor execution, from the point of view of the principles that govern this specialty of law. For the intent, the methodology used was the bibliographical research and the jurisprudential analysis. As a result, the study demonstrated the positioning of the TRT 10th Region and ANAMATRA in relation to the use of the new civil procedural law, concluding about the incompatibility of the application of the rules in the new Civil Procedure Code.