Princípios do Direito Societário

• Autor(a) principal: Alvarenga, Helga Araruna Ferraz de
• Data de Publicação: 2016
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7089
• topic: Direito Societário; Brazilian Corporate Law; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This Thesis objective is to promote the discussion about the existence of principles which are specific to the Brazilian Corporate Law. This discussion is led from a context in which the field s doctrine has been not paying enough attention tothe use and value of a principle argumentation, which has contributed to certain immobility regarding the dynamics of this Law field. The first part of this Thesis brings a reconstruction of the principle theory, its influence in Brazil and the particularities of the principle regarding the juridical system. Also, there shall be presented the classical theory on solving contradictions and conflicts among juridical norms, where it shall be defended that the potential antagonism between principles does not configure properly a contradiction better would be to talk about a tension among such elements. The second part stablishes which principles would be useful and necessary to Corporate Law, in addition to pointing out which would be the tensions one could promptly identify between principles or principles and other legal norms. The principles analyzed here are based on a series of constitutional and non-constitutional provisions which, taken into account together, constitute a principle framework unique to the Brazilian context. However, the one thing one has attempted to overstress with careful regard is that the Princípio da Liberdade de Associaçãodoes not relate to Corporate Law even though the doctrine has, historically, said otherwise. It is a fact, though, that two other principles the Princípio da Liberdade de IniciativaandthePrincípio da Legalidade are enough to shelther all the hypothesis which are commonly attributed to theliberdade de associação. Besides, they constitute principles of specific provision towards Corporate Law, not encompassing as is the case with the Princípio da Liberdade de Associação an extensive interpretation of the Law which turns out to be quite problematic. The following principles studied and developed here prove that Corporate Law has a lot to gain from acknowledging principles specific to its field and not only in terms of doctrinary and practical gains, but also in terms of legal certainty and improvement of the Brazilian economic order