A ação de dissolução parcial de sociedade personificada sob a ótica dos direitos fundamentais das partes no direito processual civil

Abstract

The present work proposes to deepen the theme of the partial dissolution of society personified from the point of view of Civil Procedural Law in the perspective of the fundamental rights of the parties. It deals with this theme, addressing the legislative evolution of the phenomenon of the partial dissolution of personified society, contextualized in the material law and procedural law. We work with the framework of fundamental rights related to the partial dissolution of society personified as the fundamental right the freedom to contract, notably in relation to this phenomenon the reverse side (freedom to distract), together with fundamental procedural rights such as the right to guardianship adequate and effective judicial, the right to the adversary, the right to legal certainty in the process, especially to the respect to the thing judged and its due dismemberment. The rule of the partial dissolution of society personified by the Code of Civil Procedure of 2015 is based on the fundamental right to freedom to contract and distract, with a view to the adequacy and effectiveness of the process. The hypothesis of dealing with the partial dissolution of a personified society is analyzed, based on the application of procedural clauses. It is defended the application of the subject in the perspective of the principle of the private autonomy that governs the corporate contracts, as well as in the respect of the autonomy of the will of the parties to the resolution of their conflicts.