In a recent decision, the Superior Court of Justice (STJ) understood that the seizure may fall on equity interests in a single-member limited liability company.
The understanding was based on the provisions of articles 835, IX, and 861, of the Code of Civil Procedure, which allows the seizure of shares owned by partners in limited companies.
Based on the understanding of the STJ, the creditor may
Liquidate part of the company, with the consequent reduction of the share capital, provided that the business activity of the original sole shareholder is preserved; or
Alienation of the company as a whole, as a way of preserving the productive unit and avoiding fragmentation, which could compromise its continuity.
Based on the solutions suggested by the STJ, the constitutional principle according to which no one will be forced to associate or remain associated (art. 5, II, of the CF/88) will be respected, as they will not imply an involuntary link between the debtor and the creditor.