The Disregard of the legal personality with the legal entity of public law and the personal responsibility of the agent for the execution of labor claims

Abstract

This article analyzes the institute of disregard of legal personality with the aim of that the responsibility for the acts performed on behalf of the legal entity should fall on those who hid behind society. The responsibility of the legal entity is also extended to those who used it, managing it outside its statutory and legal purposes. It analyzes the great advance that until now has not been noticed was that the wording of article 28 of the Law 8.078/90 contains unequivocal expressions in the sense of revealing that the theory of disregard of legal personality was also extended to legal entities of public law. Starting from a systematic interpretation, the first indication is found in the very definition of supplier of products and services, in the third article of the Consumer Defense Code. The definition of supplier in the sense that he is thus considered as any natural or legal person, public or private, national or foreign, and the concept of service as“any”activity provided are confirmations that the Consumer Defense Code submits to its rules the Union, the State, Municipalities, autarchies and foundations. It appears that this special legislation is not applicable to them only in part, but evidently in its entirety. This article investigates how the section on disregard of legal personality, which is inserted in the chapter that regulates the quality of products and services and prevents the repair of damages, is fully applicable subsidiary or similarly to public law entities.