Da desconsideração da personalidade jurídica, sua aplicabilidade no processo trabalhista e seus reflexos após a instauração do incidente no novo Código de Processo Civil

Abstract

Since the important precedent started in 1896 in the famous Salomon v. Salomon & Co Ltd case, the disregard of legal personality has been the subject of a heated debate. With the new Code of Civil Procedure, the establishment of the incident of disregard of legal personality appeased the desire of an entire doctrinal community for something that should have been positive since the Civil Code of 2002, both harvest civilian and labor action . So, flowers, henceforth the need for a new debate with new directions. If before, matured by decades of altercations, now, in the mold in which it was incurred, it will point the forerunner to the foward satisfaction. However, even in embryonic demand, introduce considerable divergences. Visible shows the tension between what is must be. On the one hand, the letter of the law encoding the case in the name of legal certainty, by virtue of the constitutional right to the contradictory, which, from the point of view of this analysis was never devalued by the Labor Justice, on the other, the doctrine not yet pacified The topic, the timid Jurisprudence and the recent promotion of the debate. It is a fact that the process of labor in Brazilian history has always been one step ahead of the civilian processual discussion, and will continue, even with the linkage to the direction and rules of the incident. Our proposal aims to demonstrate, punctuate, explain and insert a rational balance bias, defending both the interest of procedural speed, the urgency of labor claims and labor procedural income as well as the effective fulfillment of legal duty without the demerit of what has already been put In discussion.