A necessidade de mitigação da confidencialidade nas arbitragens impugnatórias de deliberação assemblear de sociedades anônimas

Abstract

The main objective of this work was to analyze the consequences of the confidentiality rules for the procedural guarantees of the individuals who have active legitimacy in arbitration proceedings in which the validity of a shareholder’s meeting resolution is contested. The question hangs over the need to conciliate the plurality of individuals with active legitimacy combined with the need for a uniform decision, with the rules that impose confidentiality in arbitrations. In this regard, the legal nature of the shareholder’s meeting resolution and its invalidity regime were analyzed. Later, some aspects of the legitimacy and the res judicata effects were examined. Lastly, it was shown how the confidentiality rules can have a negative impact on the procedural guarantees of the legitimate who were not part of the procedure, if applied without reservations, and a possible solution to the problem was proposed, taking into account the need for effective information.