20 anos de direito societário no Código Civil: uma abordagem jurídica e econômica

Abstract

The purpose of this article is to make a legal and economic balance of the corporate types provided for in the Civil Code after twenty years of its approval by law 10.406/2002. In order to reach the objective, the research started with an economic explanation revealing the process by which agents choose a certain form of structure admitted by the legal system to maximize their own interests. Next, the types of society were dealt with, having as an epistemological cut the personified corporate types and the residual liability of the partners. Finally, there was the issue of the revocation of the Limited Liability Individual Company and the problem of its revocation in law 14.195/2021 and by law 14.382/2022. To reach the scope, the research sought to carry out a bibliographic review on the subject, as well as using a quantitative methodology, through the analysis of statistical data extracted from official sources. The research converges to demonstrate that societies are instruments that stimulate entrepreneurial initiative and actively contribute to the country’s economic development. In a predictive character, through an economic rationality, there is a need to discontinue types that do not ensure the protection of private investment, as is the case of simple partnerships, in collective name, limited partnership and limited partnership by shares, as well as the creation of a general part of corporate law applicable to business companies.