Social function and corporate social responsibility: convergences and divergences

• Autor(a) principal: Pacca Ferraz de Camargo, Caio
• Data de Publicação: 2020
• Outros Autores: Benacchio, Marcelo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Thesis Juris
• Texto Completo: https://periodicos.uninove.br/thesisjuris/article/view/16342
• topic: Social function attribution; Corporate social responsibility; Agency dilemma.; Função social. Responsabilidade social. Empresa. Desenvolvimento sustentável. Ética empresarial.

This paper seeks to promote a dialogue between the social function and corporate social responsibility, emphasizing that the first one is legally mandatory, as it is a expressly provided in national legislation, while the second one is voluntary, due to the liberality of business organizations even if presented as a firm compromise. On the other hand, it is explained, supported on the agency's dilemma, how social responsibility, originated from the valuation of business ethics and composes the companies’ strategy in the postmodern market, without, however, undermining its Weberian ethical foundation. It is argued that companies prefer to broaden their social responsibility, from which they can reap market advantages and are easily planned, as a mean of curbing attached legal duties and obligations arising from the prescription of social function as it is possible being it a legal category, thus endowed with imperativeness and legal action. It has been used the hypothetical-deductive method and bibliographical research, periodicals, reports and official and legal texts.