Os juizados especiais e a desconsideração da personalidade jurídica

Abstract

This is a research aimed at pointing out the relationship between the procedures adopted in the Special Courts and the common procedure, as well as elucidating the scope and applicability of art. 1.062 of Law n.º 13.105/2015, based on the deductive method, in which it analyzed theses and general legal rules to draw a conclusion. Indeed, the research identified that the incidental technique of disregarding legal personality can be transferred to the special procedures of the State and Federal Special Civil Courts (Laws n.º 9.099/1995 and n.º 10.259/2001) and of the Special Courts of the Public Treasury (Law n.º 12.153/2009). The interlocutory appeal was defended as an appropriate resource to challenge the decision rendered in the incident of disregard of legal personality. Finally, it was found that the Federal District and Territories already admits the appropriateness of the aforementioned grievance in this situation involving such an incident.