The Third Panel of the Brazilian Superior Court of Justice (STJ) recognized that a person with limited legal capacity may be included in the ownership structure of a family holding company, provided that the safeguards established under civil and corporate law are observed. The ruling rejects the interpretation that limited legal capacity, in itself, prevents equity participation, emphasizing that proper legal representation or assistance is sufficient to protect the person’s interests and ensure the validity of the act.

Relevance:
This precedent is particularly relevant to asset and succession planning carried out through family holding companies. The decision provides greater legal certainty to families seeking to organize their assets in advance while involving heirs with limited legal capacity, allowing them to be included in the corporate structure without having to wait until they acquire full legal capacity. Nevertheless, the ruling reinforces the need to strictly comply with the legal requirements governing the representation or assistance of shareholders with limited legal capacity, as well as to properly structure corporate acts in order to prevent future disputes regarding their validity.

Source: Consultor Jurídico (ConJur). Available at: https://www.conjur.com.br/2026-jun-18/pessoa-relativamente-incapaz-pode-figurar-como-socia-em-holding-familiar/