A desconsideração da personalidade jurídica na falência e recuperação judicial

impactos da interpretação do art. 82-A da Lei nº 11.101/05 pelas Cortes Superiores

Abstract

This article conducts a technical analysis of the interpretation of Article 82-A of Law 11.101/05 by Brazil’s higher courts, focusing on the application of the disregard doctrine in bankruptcy and judicial recovery proceedings. It critically examines how labor court decisions that permit the piercing of the corporate veil outside of collective insolvency procedures disrupt the core principle of par condicio creditorum, leading to a preferential treatment of individual labor claims. This undermines the uniform treatment of creditors and could weaken the effectiveness of the judicial recovery process. The article also discusses the potential repercussions of these decisions on the overall volume of judicial recovery requests, corporate solvency, and the broader legal framework. The conclusion advocates for a harmonized application of insolvency laws to safeguard creditor equality and preserve the integrity of the judicial recovery mechanism.