Conflito de interesses nas sociedades por ações

AUTOR(ES)

Arthur Zeger

FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

21/09/2011

RESUMO

In this paper we addressed the theme of the conflict of interest within the Brazilian corporations. It was also covered, reflexively, the discipline of the particular benefit. To address the systemic study of the chosen theme, we started the studies analyzing its proximity with the line of research economic power and legal limitations, starting from he notion of the economic analysis of law. In structuring this paper it were also addressed other topics such as the importance of voting rights (including the absenteism, the abuse of voting rights, the restrictions on voting rights, the difference between abuse and the conflict of interest). It was also explored the legal treatment given to conflicts of interest according to the comparative law; in this regard, we made an approach of the German, Spanish, French, Italian and Portuguese legal systems. Finally, we make use of decisions from the CVM (Brazilian Securities and Exchange Commission), CRSFN (Appeals Council of the National Financial System) and the Brazilian courts to illustrate the current stage of the administrative jurisprudential understanding on the subject hereof. In essence, this paper intends to contribute with the systematic study of the conflict of interests of shareholders and officers of Brazilian corporations, identifying assumptions that are underlying the existing doctrines and contrasting the treatment given to the conflicts of interest that shareholders and officers have against the companies and between themselves.

ASSUNTO(S)

direito conflict of interest direito comparado abuso de poder econômico voto abusivo direito de voto sociedade por ações (ou sociedade anônima) benefício particular conflito de interesses private benefit corporation (or joint stock corporation) voting rights abusing of voting rights abuse of economic power comparative law

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