O desrespeito ao tratamento constitucional diferenciado dado às micro e pequenas empresas no Brasil

Abstract

Micro and small enterprises are currently presented as important tools of development and improvement of the social justice in Brazil, being through the incentive to their growth that the State is able to achieve some of its main strategic goals. Nevertheless, what one could verify is that the lack of government’s support has been one more obstacle to a fall in these entreprises’ shutting, in which the State must be its main impulsor instead of contributing systemically so that fall is not effectively achieved. The micro and small enterprises’ strenghtening is, this way, extremely necessary, where it is up to the State to enable them to develop in the market much more. From this understanding, the State concludes that a different treatment may constitute into an important ease for these entreprises’ preservation, especially in the improvement of the access conditions to credit, into a bigger employability and through changes in the legislation. Changes which, in this case, will be emphasized by Law number 11.101/05, the new Bankruptcy Law, in which it will be discussed its importance to the micro and small enterprises and up to what extent one of its articles, the article 48 subsection III, can confront the Constitution and the matter of different treatment that must be given to these entreprises.