The third class of Superior Court has recently judged the special appeal nº 1,861,306 / SP, consolidating the understanding according to which the minority partner heir should not have its equity reached in incident of legal personality disregard when there is no proof of participation in the fraud in co-authoring with the administrator partner.
The action that motivated the Judgment by the STJ deals with execution against the heiress of the minority partner. In origin, the Court of Justice of the State of São Paulo had already decided that the assets of the successor would not be achieved to meet the debit object of the dispute, despite the deferral of the request for disregarding the legal personality of the debtor.
Therefore, the decision of the Superior Court of Justice is important for some reasons. Firstly, because it reinforces legal certainty by dissociating the figure of the partner who has contributed to the fraudulent act with the author of the fraud. Secondly, the judgment signals a security to the Institute of the Company in so far as it gives margin for a possible mitigation of solidarity accountability between the partners in analogous cases.
