A DESCONSIDERAÇÃO DA PERSONALIDADE JURÍDICA NO TRIBUNAL DE JUSTIÇA DE SÃO PAULO (2018–2024)

This research examines how the São Paulo State Court of Appeals (TJSP) applied the disregard of legal personality doctrine between 2018 and 2024, a period marked by the procedural incident created by the 2015 Code of Civil Procedure (arts. 133 to 137) and by the 2019 Economic Freedom Act, which rewrote article 50 of the Civil Code. The study covers the entire universe of 2,101 civil appeal judgments retrieved from the court’s eSAJ database, without sampling, and codes each decision across more than sixty variables, following and adapting the framework Luiza Crispim applied to the Superior Court of Justice. Of these judgments, 1,881 form the analytical base. The hypothesis of heterogeneous application is partially corroborated and refined. Heterogeneity is localized rather than diffuse, and its dominant form is variance concealed by incomplete reasoning rather than open doctrinal conflict. Requests under article 50 were granted in 40.0% of cases, against 76.3% under the Consumer Code. Irregular dissolution under article 50 was granted in 50.0% of cases before the 2019 reform and in 17.6% after it. The central finding is that about one third of the judgments do not state their legal basis, and irregular dissolution without a declared basis was granted in 92.9% of cases, against 26.8% when article 50 was stated explicitly.