Resumo
Autor | Agnaldo Gomes de Souza |
Páginas | 11-11 |
Page 11
O presente trabalho trata da penhora on-line no Brasil, enfocando o processo civil e o processo do trabalho, tendo em vista as diferentes peculiaridades que cada esfera do Poder Judiciário apresenta na apreciação dessa matéria, diante da doutrina, da jurisprudência, dos meios de interpretação da lei, da aplicação da hermenêutica jurídica e da aplicação dos princípios gerais de direito. As causas de impenhorabilidade e suas consequências são analisadas nos moldes do art. 649 do CPC, alterado pela Lei nº 11.382/2006 e alguns atos de constrição judicial de responsabilidade da sociedade empresária, dos sócios, gerentes ou administradores, bem como os meios de defesa, a exemplo da prescrição e da decadência. Apresenta as vertentes, na doutrina e na jurisprudência, sobre a penhora on-line. Aborda o assunto sobre a desconsideração da personalidade da pessoa jurídica, cuja regra é desdobrada na responsabilidade subjetiva ou teoria maior, adotada pelo Código Civil de 2002 e na responsabilidade...
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