Article 50 of the Civil Code provides about the assumptions for the decree of disregard of legal entity, which are: confusion of assets or misuse of purpose by the partners of the legal entity.
However, even though this was not an express requirement in the law, the understanding of the judges was in the sense that, in order to disregard the legal entity, it would be necessary to prove the inexistence or insufficiency of assets in the name of the debtor.
However, in a recent decision, dated May 8, 2018, the Superior Court of Justice (STJ) ruled on the possibility of disregarding the legal entity even if the non-existence or insufficiency of assets in the debtor's name has not been proven; all that is required is that the requirements set forth in the Civil Code be met (Special Appeal 1.729.554-SP).
Barcellos Tucunduva Advogados law firm is available to clarify any doubts related to the matter.
