Função social da empresa como requisito obrigatório no processo falimentar.

Abstract

The Federal Constitution exhaustively that the principle of the social function of any property. Starting from the principle that the company is a means of exercising the right to private property, she must observe and pursue the social function, which is an essential means to support the economy. The company was founded with the record trade board to develop profitable and habitual activity, in addition, we see the concern of the entrepreneur in the development of social function. But this corporate activity cannot always achieve the desired. With this from the bankrupt, the company will go bankrupt unsustainably, leaving thus the market without at least observe the social function which it developed. Thus breaking the purpose proposed by the Constitution to impose the mandatory exercise of the social function by the company. This phenomenon becomes contradictory, as to why the social function as the binding constituent wanted to somehow stop the pursuit of profit for profit. So to be in economic difficulties businessman who served the social function left, somehow, to profit by generating uncertainty in the business society, creating margins around the law, and may well leave the business of observing the principle of social function. Given this it is necessary to the effectiveness of social function in the bankruptcy proceeding, driving a new opportunity to develop entrepreneurial activity and encourage their pursuit of the real social function within the company. Thus following the determinations issued by the constituent.