The decision by equity rendered in the underaged businessman emancipation process

Authors

Abstract

This article analyses the application of the decision by equity to the underaged businessman emancipation process, when their capacity has been verified regardless of the fulfillment of prerequisites provided for in the civil legislation. The first step was the institute of civil capacity, in Roman, foreign and Brazilian Law, then highlighting a historical decision from the Brazilian Supreme Court that consolidated the possibility of underaged people being partners in business societies. From this decision, regarding the legislation and the repercussion of today´s complex society on the early development of the minor´s cultural emancipation, it has been identified the law´s need for interpretation and creation to the real cases, concluding on the adequation of decision by equity when validating the minor’s real capacity, beyond the economical or age criteria, as a means of emancipating.

Author Biography

Márcia Pereira Costa, Universidade de Itaúna (UIT)

Mestre em Direito Empresarial. Especialista em Direito Processual, Direito Civil e Direito do Consumidor. Membro da Comissão de Processo Civil da OAB-MG e da ABEP. Professora Universitária. Advogada.

Published

2026-03-27

How to Cite

Pereira Costa, M. (2026). The decision by equity rendered in the underaged businessman emancipation process. Revista Brasileira De Direito Civil, 34(3), 133–162. Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/1134