A função social e a recuperação da empresa

Abstract

It is a work required to complete Law School at The Federal University of Ceará. In a world of constant and rapid change, the way we view the company has changed a lot. This new vision considers most important the social function of the company. In this study, we analyzed the company's evolution through history and the impact of these facts in the legal world. Some questions are suitable: what is the social function of a company? Which obligations does this function bring to a company? And which rights? How is a company's recovery linked to its social function? Does the brazilian bankruptcy law provide the means for businesses in temporary difficulties to recover? I based my research, mainly, in the doctrine of Eloy Lemos Pereira Junior, Roberto Carlos Claro and Luiz Fernando de Camargo Prudente do Amaral, who have recently discussed the subject in depth. As a result, it can be observed that if, on the one hand, this new vision requires a greater level of demand in the company's relationship with all who surround it, as their clients, see the Consumer Act, the State, through the paying of taxes, suppliers, through an ethical relationship, environment, etc.; on the other hand, it makes it clear that the recovery of a company serves the interests of many publics, such as workers, by the maintenance of employment, state, by collecting taxes, suppliers etc.