A RESPONSABILIDADE DA EIRELI - Milton Campos

6ABSTRACTBy means of Law no. 12,441, of July 11, 2011 [the word] EIRELI appeared in Brazilian legalordainment, as a legal and designative abbreviation of a Limited Liability Company owned by anIndividual (LLCI). Although some might name this type of legal entity as a “sole or one-person society",which was done even during the legislative process itself, it has nothing of a society (CC, art. 44, II), and itis not a patrimonial affectation of the individual entrepreneur (CC, art. 966). It is without a doubt an aliamspeciem (another species) especially because Brazilian law rejected the Single shareholdershipcorporate, which applies only for the wholly owned subsidiary (LSA art. 251) and for the cases oftemporary Single shareholdership (art. 206, I "d" of the LSA, and also art. 1033, IV of the CC). Despite itsnon-corporate setting, it [EIRELI] takes axiological predicates from the limited liability company (CC art.1,052). But its legal nature dispels the idea of contracts, by which its constitutive act is admitted as adeclaration of the creative will having become effective with the registry. It does not have any partner, onlya holder, who will always be sole, a natural or juridical person. However, it is characterized by the limitedliability of its holder to the amount of its capital, that cannot be less than one hundred times the minimumwage and that only will be optionally linked to quotas. In the field of corporate responsibility it keeps logicallegalsimilarity to a limited society, especially with regard to the relevant provisions of dissolution andbankruptcy, and for the respect for patrimonial autonomy between EIRELI and holder due to thepersonification of the first one, the various positions of the owner and the administrator are established insymmetry to the condition of the partner and of the administrator in a limited society, for which reason it isperfectly possible to disregard juridical personhood. As for EIRELI‟s liability for the holder‟s particular debt,a research problem, we arrive at the hypothesis that EIRELI‟s patrimony will respond for private debts ofits owner, but taking into consideration that in some cases it will be treated as patrimony of affectation(objective profile), and not as a subject of law (subjective profile), highlighting a plurifacial vision of acompany in context with Asquini.KEYWORDS: EIRELI (LLCI). Responsibility. Entitlement.