10/03/2025
On February 13th, the Special Court of the STJ solved an internal divergence between the 3rd and 4th Chambers, establishing that, in case the Incident of Disregarding the Legal Entity is rejected, the Plaintiff must bear the sucumbency fees of the lawyer of the partner or the company included in the passive party of the claim, including tax execution cases.
The incident is used when there is a need to investigate a potential misuse of the companies’ purpose or when there are signs of patrimonial confusion between the assets of the company and its partners, with the intention to defraud creditors.
With this ruling, the aim is to deter the filing of groundless claims due to the fear of being condemned to sucumbency fees.
The criteria for calculating these fees have not been established yet, nor the possibility of modulating the effects of the decision.
Our Dispute Resolution team is fully available to clarify any questions regarding the subject.
Authored by: Isabela Oliveira Vale
