A desconsideração da personalidade jurídica e a responsabilidade patrimonial dos sócios na execução trabalhista

Abstract

The Labor Justice, with its eminently protective character, mainly due to the maintenance nature of the labor credit and the disadvantage condition of the worker, jointly with the constant frauds committed by defendant companies to frustrate the labor executions, has been increasingly adopting all possible measures to assure that the execution of the credit assessed in a labor claim is fully accomplished, within the fastest way possible. Among such measures, the disregarding of the legal entity nature with the resulting financial awarding of the stockholders and the former stockholders upon the labor execution is one of those that mostly give rise to debates and reflections among doctrine and case law, especially in virtue of its abusive application in several occasions. Therefore, this work’s purpose is to approach the limits of the stockholders’ liability in labor executions and the main aspects of the disregarding of the legal entity nature, examining the criteria that should be considered towards determining such measure and the consequences arising of its abuse enforcement. Additionally, it will be approached the means of defense that may be used by those who are held liable for the payment of the execution unfulfilled by the legal entity, describing the particularities of each measure and the consequences arising from the inappropriate use thereof. Finally, it is hereby analyzed the case law of the Superior Labor Court and the Regional Labor Courts, with the purpose of identifying how this subject matter is being handled by the Labor Justice