A confusão patrimonial como tipo: repensando a desconsideração da personalidade jurídica

Abstract

The object of this study is the phenomenon of commingling of assets as a hypothesis of disregarding the corporate entity. It starts from the observation of the current scenario of insecurity, considering the scarce existence of specific doctrinal studies on the subject, and its frequent mention by the Brazilian courts, without, however, properly justifying the decisions. It also addresses the publication of the “Lei da Liberdade Econômica” which has changed the provisions of the Brazilian Civil Code regarding the authorizing requirements for disregarding the corporate entity, including that of commingling of assets. However, due to the questions already raised about the new law text and its effectiveness, this study is dedicated to a thorough analysis of the phenomenon, from its emergence and evolution in the legal system, to its role and relevance to corporate law in present day. Furthermore, it seeks to clarify the definition and meaning of commingling of assets, as well as its fundamental characteristics and requirements, contributing to its correct identification by courts and the proper application of the disregard doctrine. In the end, in an attempt to find a more accurate and functional approach to the phenomenon of commingling of assets, this work proposes a methodological incursion, looking for answers to ensure greater legal certainty.