A ordem econômica constitucional e os limites à atuação dos órgãos de administração da sociedade anônima

Abstract

The interpretation and application of corporate law has undergone major change because of constitutional provisions relating to national economic order, as well as the adoption by the jurisprudence and doctrine specialized theory of direct effectiveness of fundamental rights to private law and private relationships. The economic order enumerate constitutional precepts as cornerstones free enterprise and the enhancement of human labor already denotes the dual character of economic activity: the pursuit of profit and economic development and their social role. It is precisely in this context that enters the study of the performance of management directors of the Company. All of them should pay attention to the economic aspect together with the social aspect and being a concretizing character of fundamental rights. The social responsibility of the company, as well as the duties to stakeholders, more precisely: consumers, workers, the environment and suppliers, limiting the role of boards of corporations. Interestingly, such a reality to be experienced currently envisioned in the decision making of administrative organs of Stock Action Company, there is no need for direct application of the theory of fundamental rights neither constitutional interpretation is made of their duties, although such practices have a high degree of responsibility of such entities. The legislation applicable to the Company is enough, and analyzed as it is already against the bias of the company exercised by the Company, which currently has important social role and solidarity, is indispensable subject in achieving a better social reality.