Systemic interpretation and the possibility of bankruptcy for the companies in common

Abstract

The Company in common was introduced by Brazilian law from the 2002 Civil Code in Articles 986 to 990. In the previous period it was analyzed from the irregular company name or company and fact. The first was characterized by having written contract, but this had not been brought to registration with the competent body and the second when there was no social contract. This study aims to analyze the figure of the Company in common, in the current legal system, from the majority interpretation that does not recognize the right to judicial recovery. It points out that this interpretation ignores: i) principles governing the legal system and the economic subsystem; and ii) that the current legislation allows their accountability before legal duties in labor spheres, tax, competitive and consumerist. Under these main arguments is that they have highlighted the systematic interpretation to defend the right to judicial or extrajudicial recovery. So effective is the legal security material.