Conflito de interesses na sociedade de economia mista: interesse público versus interesse privado

• Autor(a) principal: Dalcastel, Marcia Bataglin
• Data de Publicação: 2011
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9232
• topic: Conflict of interest; Meta-interest; Mixed capital company; Conflito (Direito); Interesse público; Administradores; Sociedade por ações; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

The nodal question of this thesis represents eventuals conflicts insurged on mixed capital companies. That typeof society have a particular constitutive element: conflits, sedimented in yourtwo nature constitutive capital public and private. It is not become easilier overcome hodiernal issues when the main controlling shareholder have to decide in public interest favor. It is proposed to change paradigms, in order to limit the misuse of public interest. Therefore, this work analyzes the role of Government as the main shareholder in the current situation of state intervention in the economy. Also covered is the way the executive branch hás intervened in the market, so as to limit free enterprise. Nevertheless to avoid that affront to Constitution with regard to the exploitation of economic activity by the state without being observed the constitutional limits imposed, we present the meta-interest as a means of solution. Being this concept the interest of the company itself, and considering that the public interest that justifies the authorization for creation of mixed capital company is extinguished with creation of this company, we have that the norms that should govern societies mixed are the rules of private law. On the logic of the meta-interesse , the state shall intervene in the private sphere on equal terms with other companies. However, his position as majority shareholder to make decisions that conflict with the interests of the company can no longer be used. Besides the public and political interest can not violate the social interest of minority shareholders. Therefore, the meta-interesse is intended to put na end to conflicts related to the application of legal standards and the uncertainties in the nature of company of mixed economy.