Sociedades anônimas abertas, função social da empresa e constituição: um possível diálogo

Abstract

This paper aims to relate the requirements of the Social Function of Company, based on the Constitution of 1988 to Joint Stock Company, regarding the Contractualist and Institutionalist views of this kind of company. For that, the method of bibliographical revision was used, with contributions of books, articles and academic works in the areas of Corporate Law and Constitutional Law. It begins with the historical and conceptual presentation of corporations, theories about the social interest, and the possible conflicts they can generate. Following are the main obstacles to the defense of interests external to society, problems for which contractualist and institutionalist theories do not offer satisfactory solutions, as it was intended to demonstrate; as well a classification of the dimensions of the Social Function of Company inherent in the exercise of activities by the Joint Stock Company. At the end, it sought to deepen the Principle of Social Function present in Constitution of 1988, and its interpretative implications on the Law n.º 6.404/76 (Brazilian Corporation Law), especially on the provisions applicable to Joint Stock Companies.