Impacts Sustainability and Notion of Shared Value in Government Company

• Autor(a) principal: Chaves, Vinicius Figueiredo
• Data de Publicação: 2016
• Outros Autores: Sant’Anna, Leonardo da Silva
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Conpedi Law Review
• Texto Completo: https://www.indexlaw.org/index.php/conpedireview/article/view/3472
• topic: Sustainability; Shared value; Enterprise; Corporate governance.; Sustentabilidade; Valor compartilhado; Empresa; Governo da empresa.

The purpose of this paper is to demonstrate the impacts of sustainability and the concept of shared value in the corporate governance. It starts with the notion of sustainability as a structural element of the constitutional state, a new paradigm of law in post-modernity, based on three pillars on which the company must engage, with repercussions on the resizing of its activities to creating shared value to a range of stakeholders. Then, we examine concepts and prevailing approaches related to the issue of the corporate governance, considering the doctrinal point of view and also within international organizations as OCDE and ONU. It was noticed that the doctrine traditional view of the corporate governance subject the enterprise is associated with the idea of offering solutions to agency conflicts between ownership and management or between majority and minority. OCDE and ONU already provided some guidelines of enterprise principles of governance associated with sustainability and creating shared value ideas, but this kind of mechanisms are voluntary, being soft law, not prescriptive law. We conclude that the traditional view of the doctrine is insufficient for effective fitness of corporate governance to sustainability and also to harmonize multiple interests, public and private, that gravitate around this phenomenon.