Registro empresarial: Política de desenvolvimento econômico e adaptação institucional

Abstract

The Federal Constitution of 1988 raised private business activity as an indispensable element for achieving the primacy established by the economic and social order. In turn, the participation of the State in the economy, especially through the legal regulation of economic activity, gained new contours from the middle of the first quarter of the 20th century, so that a market economy system averse to state regulation is no longer conceived. In this conformation, the analysis of the business register – a necessary act for the regular and formal exercise of business activity by the private agent - is proposed as a mechanism to induce development and, therefore, able to integrate the political agenda of the Brazilian State, through the tool of institutional adaptation. The article uses the deductive method to conclude that business register must be an element of attraction and encouragement to the private agent, and not an entry barrier to entrepreneurship. Through the institutional adaptation policy, the rules of business registration also need to reflect the State’s commitment to create conditions for the free exercise of business activity, since it is determinant to the country’s economic and social development, as indicated by the recent legislative changes promoted, like the Law 13.874/2019 – Economic Freedom Act – and Law 14.195/2021 – Business Environment Law.