Sole proprietorship lawyer: liability

• Grant number: 16/05650-1
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: September 01, 2016
• End date: August 31, 2017
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Gustavo Saad Diniz
• Grantee: Lucas Fernandes da Costa
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The sole proprietorship lawyer was inserted in Brazilian law in January this year by Law n. 13,247 / 16. In addition to establishing a new way of practicing law activity, changing, punctually, Article 15 and following of the Statute of Advocacy and the Bar Association, celebrates the introduction of a new corporate model, so far, not been adopted by our legal system: the sole proprietorship lawyer. It not only shows paradoxical front of other corporate models, while a company formed by a single shareholder, as also break doctrinal paradigms, emphasized the theoretical opposition of the plurilateral agreement ideas, this proposed by Tulio Ascarelli, and contract- organization described by Solomon Calixto, with regard to their legal nature. In this sense, we must characterize this new kind of society, and the development of the discussion as to their legal nature and analysis of the rules ahead to its recent merger with Brazilian law. This model, whose normative beginnings date back to the XII Directive of the European Economic Community, emerges in an economic system in exponential construction. Finding your barriers accountability (direct or indirect) of personal assets, the sole proprietorship search lawyer from the legal customizing an asset spectrum, especially the limitation of the sole shareholder responsibility, observing their legal organization scope of economic activity your partner, besides the lawyer's liability, as a liberal professional.