O atual regime brasileiro de recuperação e falência como efetivação da função social da empresa.

AUTOR(ES)

Roseli Rêgo Santos

FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

2009

RESUMO

The objective of this study is the analysis of corporate social role and how it modified and rebuilt the brazilian regimen of recover and bankruptcy by introducing brazilian federal law 11.101 from 2005. The first step in this analysis was a summary narrative of company historical transformations as a socioeconomics phenomenon followed by its legal evolution from the corporative stage to the current stage of the theory of the company. This ultimate phase was the source of the normative concept of company and its elements. Subsequently an examination of the social purpose was initialized by the comprehension of the components that established a new paradigm in contemporaneous private law: the constitutionalization of private law the functionalization and socialization of law. In this context the social role was acknowledged in constitutional and private law centering in corporate social role which responds for the corporate capacity to employ to pay taxes and to product goods and services in order to provide human necessities and promote socioeconomic development. After the primary arguments the historical evolution of bankruptcy law was traced, leading to the recognition of a meaningful changing from a regimen essentially based in liquidity to a regimen founded in the protection of productive units with a minor sacrifice from the people who are involved in a company with effective insolvency. In the last part of this work as a science contribution the author analyses some effects of the application of corporate social role in brazilian federal law 11.101 from 2005: the corporate recovery the absence of succession in the realization of the assets the participation of creditors in business administration the permanence of social and economic development and the searching for full employment. In conclusion the role of the brazilian judicial branch in the concretization of the bankruptcy and recovery law was emphasized given its convergence with economics business and accounting as well as the importance of the jurisdictional activity in the implementation of corporate social role.

ASSUNTO(S)

direito direito empresarial função social da empresa empresário falência recuperação de empresas corporate law corporate social role entrepreneur bankruptcy company recovery

Documentos Relacionados

• Fundamentos jurídicos da função social da empresa.
• A FUNÇÃO SOCIAL DA EMPRESA: sua preservação na Recuperação Judicial
• Constitutional fundamental principles of the recovery and bankruptcy law: the social function of property and the workers interests
• Impactos das cláusulas gerais sobre o regime jurídico societário brasileiro: boa fé e função social no contrato de sociedade
• Intervenção estatal na ordem econômica: instrumento de efetivação da função social da propriedade