A exclusão de sócio incapaz na sociedade limitada: análise à luz da função social da empresa

Abstract

This paper has, as objective, making clear in which hypothesis it is possible, in the Brazilianlimited liability company, the exclusion of the shareholders in consequence of aninci-dental incapacity, which is needed mainly in the face of doctrinal divergences about the possi-bility of exclusion for this reason and its application requirements.In order to do this, a brief historical overview of the notions of social function is carried out, outlining its historical evolu-tion, and presenting, after this, a definition of the principle of the social function of the company. Lastly, a critical analysis of the main understandings concerning to this question is made, seek-ing to, in face of them, reach a better application criteria to the institute, using as a theoretical paradigm the principle of the social function of the company.