Os direitos essenciais dos acionistas como mecanismos de estabilização de poder nas sociedades anônimas

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This dissertation is focused on the comprehension of the shareholders essential rights as mechanisms of power stabilization in corporate companies. Starting with an analysis of the classic theories about the legal nature of the corporate companies foundation act, it is concluded that the corporate companies are conceived by a multiparty agreement, by which the shareholders interests are converged for the obtention of common results, that could not be fully reached in a different manner. As a next step of the analysis, the categories of rights granted to the shareholders are described, and special attention is given to the shareholders essential rights and its roll in the current Brazilian Corporate Law. After the study of each shareholders essential right listed in article 109 of the Brazilian Corporate Law comes the analysis of the power relationships in the corporate companies, being such analysis based on power definitions not found in the corporate law, as well as on the comprehension of the powers held by major and minor shareholders, with their respective limitations. Additionally, the stabilization function of the shareholders essential rights is studied and each of such rights listed in article 109 is considered a mechanism of power stabilization in corporate companies. Finally, the vote right is classified as an additional mechanism of power stabilization in corporate companies

ASSUNTO(S)

sociedades por acoes -- brasil corporate company direito comercial acionistas direitos essenciais essential rights sociedade anônima shareholders

ACESSO AO ARTIGO

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