Direito de minoria societária e políticas públicas nas sociedades de economia mista

Abstract

This study aims to investigate the process of construction of joint capital companies management policies, which have been imposing repeated losses to the minority shareholder, responsible for the capital contribution that enable such investments. In this effort sought to historical origin of state management since before the proclamation of independence to the present day, as a means of ascertaining the will of the Brazilian State and the search in fulfilment of its purposes. The justice and the wellness, as drivers of those policies, are evaluated in the formation of justifying public interest the adoption of unusual practices in business activity and often distanced profit purpose and duty of loyalty to which these companies are subjected, because of its commercial nature. They are also the object of study the principles of economic order positivized in the 1988 Constitution, the question of the right to private property as a fundamental right and a state responsibility as principles that guide the action of governments in the capital market. In the finish, it is the company's management, the controlling shareholder and the legal status of minority shareholders. These topics deepen the corporate issue, which puts him at odds state interests (often a government) on the one hand and the interests of minority shareholders of another, creating administrative and judicial proceedings that may lead to disastrous convictions against companies controlled by State. The findings point to a hermeneutic aspects of output, which seeks to adapt the objectives of the Welfare State and the legitimate economic interests of the investors of joint stock companies.