Responsabilidade civil de sócio em decorrência de processo falimentar.

Abstract

This research aims to analyze the Action of Civil Liability brought against the limited liable partner for damage to business company under bankruptcy proceedings against the institution of piercing the corporate veil. The law no. 11.101/2005 (LRE) aims at regulating the bankruptcy, the judicial and extrajudicial recovery for the entrepreneur or entrepreneurial company, replacing the obsolete Decree Law no. 7.661/1945 (LFC) which, in turn, was no longer compatible with the constitutional principles of social function and viability. Unlike the latter, the LRE innovated by providing in its body two separate instruments to hold the limited partner responsible for the acts that are contrary to the purposes of social business company, which are: the Action of Civil Liability of a partner, director or controller of the bankrupt company and the Action of Disregard of Legal Personality. These actions are positivated in Article 82 and paragraphs in the LRE and aim to curb the limited partners who use the legal entity to performing acts that harm creditors, and the entrepreneurial company, so that, depending on the nature the act, i f executed with guilt, deceit, abuse of rights, fraud, misuse or confusion of purpose sheet, can people previously authorized by law to propose one of these legal instruments to achieve the personal assets of members of the corporation, or remove episodically their personality in order to achieve the real working of fraudulent acts. Making over the following problems: The partner with limited liability may be directly liable for damages caused to the bankrupt business company without it disregarded its legal personality? Noting up, in the end, a positive answer, considering that these actions are applied in different situations, each one with its specificities. For this, it is used as methods of approach the deductive, the systematic and evolutionary-historical, and the comparative as method of procedure, as well as the adoption of indirect documentation as a research technique. It is seen that the present research is extremely important, since it consolidates the analysis of civil liability under the bankruptcy process, specifically in relation to insolvent members of corporate society.