A responsabilidade dos sócios em face das obrigações trabalhistas empresarias

Abstract

The study is about the partners' responsibility in the presence of theenterprise labors obligations. At first, it observes the civil base, in special, the "law of obligation" of a contract and develops notions about duties, elements and sources of obligations and a contract's universe. At Chapter 2, it approaches the responsibility in the other law's branches commercial, tributary and economic. Together with an introduction about the very law branch that we emphasize, privileged treatment is given to the responsibility question and its doctrinary and legal basis. In this place, each enterprise type and his main features are mentioned. In order, to specify the singularity and the labor law variegating potential in front of the other branches that were this study subject, we make an interface among them, trying to reach the common elements andprinciples that justify a interpretation that may be concerning to specific theme and specific branch. It is clear that the privileges proximity and the careful treatment given by the law, jurisprudence and the doctrine related to tributary and laborite credits and, to the extensive interpretation in front of the tributary and laborite responsibles greatly approaches Tributary Law and Labor Law. At Chapter 5, we develop a study about "disregard of legal entity" theory in foreign juridical systems: German, Italian, English, French and North American, sustained in a historical basis, author and remarkable books. And, regarding the huge doctrine and jurisprudence in the United States of America about the above-mentioned doctrine, the deepening and study about foreign texts and jurisprudence concerns North American Law. The "disregard of legal entity" theory is also studied in the Brazilian Law, considering the pertinent legal provisions and the theorical construction in Brazil. The central theme of the thesis - the partners' responsibility in the presence of the enterprise laborsobligations - is treated in Chapter 6. The term "enterprise" will be a studysubject at Labor Law, beside the employer image effects and the beings who are responsible to the sum certain coming from the labor contract. We analyze the entire compatibility of the "disregard of legal entity" theory with Labor Law, specially the "minor theory of disregard" beside the theory of the employee's sacrifice risk and theory of the unlawful and/or unfair non admission in front of the juridical personality enterprise separation principle. We demonstrate that the partners' possessions execution will happen when the executive procedure failures, at first, against the employer society in the intercourse of material law.We also approach the questions related to the necessary contemporaritybetween the partner condition and the employment contract, beside the expartner responsible term, relevant themes to the Brazilian juridical scenery. At Chapter 7, we do a brief digression about institutes and nuclear definitions at the executive place, beside the study about executive partners' possessions responsibility, legitimacy and the application of the "disregard of legal entity" theory entire possibility at the labor execution. The theory of the "disregard of legal entity" applicability base at the labor circuit is the confirmation that the legal entity concept cannot be put into effect to the juridical faculties sacrifice that this right recognized to