Função social da empresa e sua aplicabilidade na falência.

Abstract

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 .