OLIVEIRA, D. A.; OLIVEIRA, Daniel Aniceto de.
Resumen:
When a company is in crisis , it is a time to analyze the possibilities for it to continue
with its activity . The Companies Recovery Act ( Law no. 11.101/2005 ) is the means
the state has made available to find what the best way forward , given that the main
objective of this is to maintain the company's market to continue exercising their
social function , a fundamental part of the modern state . There being no further
business possibilities to remain on the market , it is decreed bankrupt , but even so ,
the entire bankruptcy procedure shall be exercised with a view to the social function .
In the modern state there is integration between all entities within society , which is a
global trend , where the state is mandated to give a minimum guarantee to all . To
further divide this function , the state initially began to intervene in the economy in
order to force companies to exercise their social role , a fact that with the new
management theories , is now often done voluntarily by the firm as part of their social
responsibility . Based on the foregoing , the present research was problematic : Can
you talk about the applicability of the social function of the company headquarters in
bankruptcy proceedings ? And as a concrete hypothesis : There is applicability of the
social function of the company in place of the bankruptcy process , since even in the
face of bankruptcy the company will have a social role to be exercised . Since the
importance of the role is so great even in the bankruptcy process is applied as a
guiding principle and it is seen, at all times, procedural . Therefore , it was adopted
as a method of approach. The deductive ; as a method of procedure. The historical
evolution; as a research technique , indirect documentation , through the literature
search . So that it achieved the objectives previously outlined , analyzed the
bankruptcy process from the perspective of corporate socialization ; proving that the
bankruptcy process is a guiding principal of the Law 11.101/2005 ; verifying the
socioeconomic impact of bankruptcy , as well as found application to the social
function of the company in its place during the bankruptcy process . And so , as
results have shown , proving to be a social function a guiding principle of the Law
11.101/2005 , that it is present since the formation until the end of the company's
activities , and that even in bankruptcy, the company will still perform its social
function . Considering a concern to benefit everyone involved whether the company
itself or its creditors , but without forgetting the social promotion of the common good
, since even though about to be bankrupted , the company still has a role to fulfill in
society .