O instituto da desconsideração inversa da personalidade jurídica na efetividade da execução trabalhista

Abstract

After decades of operation, the state began to intervene in the employment relationship and in the protection of workers' rights, which is today admittedly vulnerable, resulting in a protective mechanism to effectiveness and workers' rights. Aiming economic and social development, which is vanguard in the business law, it guarantees to corporations their own personality, separating the natural person sphere of the legal entities sphere. Evidently the legislator, by allowing the fiction of legal personality, aimed much more than the simple protection of the entrepreneur investor. The legislator addressed also a collective right based on economic development, job creation, tax revenue, which we can call the whole social function of property. To avoid that legal person is used improperly, it has been admitted to overstep the bounds of legal personality, so that the assets of the partners can be used to pay off the debts of the company. Regarding labor enforcement, the prevailing understanding is that once nonexistent company resources, it seeks satisfaction of shareholders' equity. In the same subject, is admitted the inverse disregard of legal entity which consists in breaking the patrimonial autonomy of the company, to satisfy debts arising from his partner. Thus, this study aim to discuss if the application of the theory of inverse disregard of legal entity in implementing this labor guaranteed is preserving the constitutional rights according to the fiction of legal personality. Thus, initially, the rights guaranteed by the fiction of legal personality, social function of the company and worker protection in the employment relationship were presented. After, specifically we sought the application of the theory of disregard of legal entity in implementing labor. Finally, we performed an analysis of the decisions handed down by the Regional Labour Courts on the subject, in order to verify how the issue has been resolved practically these Courts. It was found that in the case of reverse disregard the Labour Courts have respecting the conditions for applying the theory of disregard.