Reflexões sobre o interesse social e a finalidade da companhia no Direito brasileiro

Abstract

BRIEF CONSIDERATIONS ON THE SOCIAL INTEREST AND PURPOSE OF THE CORPORATION IN BRAZILIAN LAW

ABSTRACT

This paper aims to examine the issue of social interest and the purpose of the company within the framework of Law No. 6,404/1976. Social interest is the subject of extensive debate, in which two dominant approaches oppose each other. On the one hand, there are contractualist theories, which align the interests of the company with those of its shareholders. On the other hand, there are institutionalist theories, which view the company as having its own interest, focused on the public good and the interests of third parties with whom it interacts. The paper will seek to demonstrate that the company’s interest is often confused with its purpose. These two concepts (social interest and the company’s purpose) appear distinctly in corporate law, and their differentiation can contribute to reframing the study of the topic. Using the deductive method, through a bibliographic review, it is argued that the company has a social interest that is institutional in nature, aimed at protecting the expectations of third parties that have a relationship with it, but also has a clear purpose, which is the maximization and distribution of profits to its shareholders.

Keywords: Social interest; Institutionalism; Contractualism; Company purpose.