DISREGARD OF LEGAL PERSONALITY AND PROTECTION OF CREDITORS' INTEREST IN THE JUDICIAL RECOVERY OF FAMILY BUSINESSES

Abstract

The study aims to analyze the effectiveness of the disregard of legal personality in safeguarding the interests of creditors in judicial recovery proceedings of family businesses, challenges arising from the proximity between the equity of the partners and the company. Using a deductive approach and a legal research methodology based on bibliographic and documentary analysis, this paper highlights the importance of applying the disregard of legal personality carefully, considering the associated risks. The study concludes that the judicious application of this institute can effectively protect the interests of creditors. This is evidenced in the emblematic case of the Odebrecht Group, where the disregard of legal personality was fundamental to hold controllers and shareholders accountable for irregular conduct, ensuring the satisfaction of creditors. Therefore, the research emphasizes the need to base the application of this institute on solid evidence, aiming at the preservation of public interests and market integrity.