Técnicas e instrumentos procedimentais para o tratamento adequado dos conflitos decorrentes da sucessão causa mortis na empresa familiar
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Data
2025-05-14
Autores
Carvalho, Fernanda Bissoli Pinho
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Universidade Federal do Espírito Santo
Resumo
The causa mortis succession in family businesses presents unique challenges that transcend the traditional structures of inheritance law and corporate law, requiring a procedural approach suited to the complexity involved. This research aims to identify and propose effective procedural mechanisms for resolving succession disputes involving corporate shares, especially in the Brazilian context, where informal governance practices and the absence of succession planning tend to aggravate conflicts. Through a theoretical and dogmatic approach—including normative analysis, literature review, and case law survey—this dissertation categorizes the disputes into three axes: conflicts of a personal and psychological nature; disputes related to the provisional administration of corporate holdings; and technical controversies regarding the valuation of the deceased partner’s equity. Based on this systematization, the study proposes solutions grounded in the new procedural management model introduced by the Brazilian Code of Civil Procedure, centered on the idea of a cooperative process shaped by flexibility and adaptability. It is argued that the current procedural system already offers sufficient instruments to address such disputes without the need to create new legal mechanisms, provided they are applied in a coordinated, cooperative, and context-sensitive manner. The study concludes that an adequate jurisdictional response demands a model of procedural management that is attuned to the intersection of family, management, and ownership, thus preserving not only the hereditary estate but also the continuity and stability of the family business.
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Inventário , Dissolução parcial de sociedades , Procedimentos especiais