GRUPO ECONÔMICO E RESPONSABILIDADE SOLIDÁRIA: UMA ANÁLISE JURÍDICA SOBRE O CANCELAMENTO DA SÚMULA 205

Abstract

A monocratic decision regarding the possibility of including a member of an economic group in the enforcement phase of the labor process and the general repercussion of theme 1.232 revived the debate on the haracteristics provided for in Brazilian legislation. This work studies the characteristics of the economic group in labor doctrine and jurisprudence and how the cancellation of TST Summation 205 and the Labor Reform altered the institute. To do so, the method used consisted of qualitative bibliographic research relevant to the theme, combined with the jurisprudence produced by the courts over the past years, especially the monocratic decision issued by Minister Gilmar Mendes in Extraordinary Appeal No. 1.160.361/SP. Finally, based on the analysis of the data collected, the appropriate and reasonable legal solution is the possibility of including a member of the economic group in the defendant's role in the action even after the end of the cognitive phase, provided that, if necessary, it is preceded by the initiation of the piercing of the corporate veil incident.Keywords: Economic Groups; TST Summation 205; Joint Liability.