Atividade econômica do empresário e do não empresário: minimização da dicotomia e sua relevância

• Autor(a) principal: Longo, Marcelo Pereira
• 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/19066
• topic: Empresários; Economia; Direito comercial; Business; Economy; Trade law; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This thesis notes that the Brazilian law treats the various market agents unevenly. The national Trade Law makes an express distinction between the economic activity carried out by businessman and non-businessman. The businessman´s performance is regulated by the Trade Law. This means having access to a number of institutes that help to boost investment in productivity and provide protection. This differentiated approach generates negative effects for the economy because it fails to meet other market agents (only because they are not characterized as businessman). Considering the opposition is a Trade Law problem (with consequences for the market), it is better to understand its operation (with crisis or not). It is necessary to consider all the agents that act economically. There is a tendency to overcome the differentiation between the agents of economic activities that has been described in this thesis. Therefore, it is based on legislative guidelines adopted by the European Union and the UN, as well as on specific considerations of some Brazilian authors. It is suggested a guidance to overcome this artificial setting. The economic practice promotes relations between the various market agents. Thus, this work is structured in order to demonstrate that the Trade Law: 1) separates certain agents from their protection; 2) do not understand the market dynamics; 3) it is trampled on outdated theories that do not keep proper relationship to the economic reality and the present moment; 4) does not consider the way of exercising economic activity as a whole (observing various market participants); 5) does not recognize the business character in different legal entities of private law and independent professionals. In the end, this article presents how to overcome this anomaly of the Brazilian Trade Law, which relegates non-businessmen to Civil Law rules. This model denotes a great dislike for non-businessmen because the Trade and Civil Law do not devote significant studies on this subject, either point solutions to overcome the problem mentioned