Dos indicadores de autonomia e empresarialidade nos contratos de representação comercial

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This paper aims to compare the effectiveness of Law n. 4,886/65, with the alterations introduced by Law n. 8,420/92, that regulates the commercial agent profession and commercial contracts. The main difficulty that this paper identifies is commonly known as gray area or cinereous, an uncertainty space between the typical legal figures of the employee, selfemployed (independent) worker and entrepreneur. After research on innumerable authors who deal with the subject and hundreds of sentences, we verified the possible causes of such gray areas, taking as background the legal principles and juridical nature of the special law. For the proposal of exculpatory pointers of the legal subordination, the work illustrates, of not terminative form, an excellent series of facts that can disclose to an employment contract or an independent contract. This paper, to determine such pointers, considers a factual analysis method and also the recognition of the hybrid character of law n. 4,886/65, whose legal nature surpasses the borders of the common law (and of the commercial law, in the terminology adopted before the Brazilian Civil Law of 2002). The aim, thus, is to offer objective criteria to minimize that gray zone, to reduce the degree of legal uncertainty to those under such jurisdiction, as well to roll out, in a justified manner, the best instruments for Magistrate s motivated persuasion when judging deals of such nature

ASSUNTO(S)

autonomia empresarialidade contratos de representação comercial direito brasil [lei n. 4.886, de 9 de dezembro de 1965] commercial contracts representantes comerciais -- estatuto legal, leis, etc -- brasil contratos -- brasil brasil [ lei n. 8.420, de 8 de maio de 1992]

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