Holding familiar e a possibilidade de desconsideração da personalidade jurídica quando ofendidos os direitos da personalidade dos sucedidos

Abstract

This article, which is based on the theoretical bibliographical methodology, aims to enter the holding company's institute, studying its aspects, characteristics, advantages and disadvantages, as well as analyzing the family holdings’ insertion in the current Brazilian business scenario, with consequent offense to personality rights in the constitution of the holdings and also in the succession of these. First, the article will present the concept of holding company, approaching it in Brazil, as well as its historical aspects, where and how it was born. Posteriorly, the adaptation and dismemberment of the family holding company will be studied, and it will be analyzed how it is formed, its requirements and main characteristics. Within the same subject, the purposes of the family holding company will be studied, showing the parents' interest in setting up family holdings and their intention in the patrimonial armor. Subsequently, the advantages and disadvantages of setting up a family holding company will be addressed, in line with the topic addressed. The study opens the door to the analysis of unknowns, for example, "how is the inheritance right in the family holding company?", an opportunity that will analyze how the family holding company is in the death of the parents, also considering hypotheses where it is possible the occurrence of the holding company's reverse disconsideration phenomenon. Finally, it will be seen what personality rights are violated in the constitution of a holding company.