Post by xyz3500 on Feb 22, 2024 3:57:28 GMT
The existence of evidence of property confusion is not sufficient to justify disregarding the legal personality. As this is an exceptional measure, for the disregard to occur, effective proof of abuse of legal personality is necessary. STJ Minister Moura Ribeiro reaffirmed that, for the disregard of the legal entity to be valid, it is necessary to concretely demonstrate the STJ abuse With this understanding, the 3rd Panel of the Superior Court of Justice overturned the disregard applied by the Court of Justice of Rio de Janeiro, allowing the inclusion of a second company in execution of more than R$4 million. In the first instance, concluding that there was minimal evidence that the defendant and the other company belonged to the same economic group — in addition to possible confusion between them —, the judge accepted the request for dismissal.
The TJ-RJ maintained the decision due to indications that the real intention of the executed company would be to evade its obligations, emptying its assets and, at the same time, enriching that of the other company in the group. In analyzing the special appeal of those executed, Minister Moura Ribeiro explained that the jurisprudence of the STJ, adopting the so-called major theory, understands that the Israel Mobile Number List disregard of the legal personality, as it is an exceptional measure, is subject to the effective demonstration of the abuse of the person legal, characterized by misuse of purpose or confusion of assets. According to the minister, the first instance judge determined the inclusion of the company as a defendant without effectively assessing the factual allegations and evidence that supported the request for dismissal.
On the other hand, said the rapporteur, the TJ-RJ dealt with the issue as if the responsibility of one company for the debts of the other had already been recognized, without also examining the presence of the authorizing requirements, postponing this examination until possible embargoes on execution . Thus, for Moura Ribeiro, "as abuse of legal personality, characterized by misuse of purpose or confusion of assets, has not been concretely demonstrated, there is no way to allow, for now, the affectation of assets" of the second company. With information from the STJ press office.Dent, who is the chief justice , designates one of the judges to write the judgment, the decision. the federal supreme court, points out bermudes, goes beyond its functions at certain times.
The TJ-RJ maintained the decision due to indications that the real intention of the executed company would be to evade its obligations, emptying its assets and, at the same time, enriching that of the other company in the group. In analyzing the special appeal of those executed, Minister Moura Ribeiro explained that the jurisprudence of the STJ, adopting the so-called major theory, understands that the Israel Mobile Number List disregard of the legal personality, as it is an exceptional measure, is subject to the effective demonstration of the abuse of the person legal, characterized by misuse of purpose or confusion of assets. According to the minister, the first instance judge determined the inclusion of the company as a defendant without effectively assessing the factual allegations and evidence that supported the request for dismissal.
On the other hand, said the rapporteur, the TJ-RJ dealt with the issue as if the responsibility of one company for the debts of the other had already been recognized, without also examining the presence of the authorizing requirements, postponing this examination until possible embargoes on execution . Thus, for Moura Ribeiro, "as abuse of legal personality, characterized by misuse of purpose or confusion of assets, has not been concretely demonstrated, there is no way to allow, for now, the affectation of assets" of the second company. With information from the STJ press office.Dent, who is the chief justice , designates one of the judges to write the judgment, the decision. the federal supreme court, points out bermudes, goes beyond its functions at certain times.