Da (im)possibilidade de efetiva garantia do capital social perante credores da sociedade

Abstract

This academic work, made possible through bibliographic, legislative and electronic research, brings an analysis on the function of creditor protection linked to the concept of legal capital. There will be a brief analysis on the concept of legal capital and the most prominent principles on the matter. Moreover, an analysis of the functions originally attributed to legal capital is required, as they can present themselves externally or internally to the company. It is necessary to differentiate between legal capital and patrimony of the company, having great importance on the analysis of the limited liability of shareholders. The study of the minimum capital is necessary, since it is present in many legal systems as a supposed way to offer creditor protection. When it comes to legal capital, inherent is the discussion of the undercapitalization and the way it can affect the company’s functioning. For last, it is analyzed the company interactions with different types of creditors, concluding for the impossibility of creditor protection function of legal capital. Thus, this essay aims to discuss the legal capital function of creditor protection, deepening, at the end, the study of the critiques on the concept of legal capital used today in others legal systems, to present possible alternatives to the issue, weaving criticisms and suggestions about the currently used model.