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The naturalization of the legal entity in the Brazilian legal system

Document Citações 1 Citado por Related
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AutorSergio Marcos Carvalho de Ávila Negri
Ocupação do AutorProfessor at The Federal University of Juiz de Fora, MG (UFJF) Law School, Brazil
Páginas2175-2184
Working Group: Personhood and private law• 2175
The naturalization of the legal entity
in the Brazilian legal system
Sergio Marcos Carvalho de Ávila Negri1
Abstract: This paper, based on the relationship between language and the ob-
jects it claims to name, seeks to analyze the process called naturalization of
the legal entity, characterized by the constant parallelism between a “natural”
person and a legal entity, particularly in the light of the Brazilian legal system.
Keywords: Legal entity, Naturalization, Legal capacity.
1.Introduction
In the verbalized legal world, it is very common to use abstract
categories to simplify concrete situations. The resource of abstraction
is useful in that it allows the human being to intellectually appropriate
the phenomena that surround him, thereby facilitating communication.
It just so happens that often these abstract categories become detached
from the phenomena depicted, gaining a life of their own, as if they rep-
resented an autonomous reality.
The legal entity2, for example, has been portrayed as an essential
element in the description of reality, as if it were an imposition of nature
itself. Consequently, we are given the impression that the term legal en-
tity corresponds to a logical and unquestionable piece of evidence, that
is, something “given” and not constructed. However, the legal entity
1
Professor at e Federal University of Juiz de Fora – MG (UFJF) Law School - Brazil.
PhD in Private Law (University of the State of Rio Janeiro - UERJ). Master´s degree in
Private Law from UERJ. E-mail: smcnegri@yahoo.com.
2
Brazilian law distinguishes “pessoa natural” (“physical person”, or the individual citi-
zen) and “pessoa jurídica” (“legal person”, or legal entity, such as associations, compa-
nies, etc.), hence the content of this article.

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