Social duty of campanies and the brazilian federal constitution of 1988: the duty of transparency, the right to information and administrative public records

Abstract

Corporate activity and consumption are essential to our capitalistic system. Nonetheless, the traditional way of producing for a lower cost and a higher profit does not meet the new contemporary and sustainable standards. Furthermore, citizens/consumers are more informed and conscientious than ever before, thus, opting for products and services that come from companies that have good reputations. Therefore, if companies want to find acceptance and permanence within the market, they will have to orient their actions ethically and responsibly. That being the case, we need to acknowledge the importance of trustworthy information that, in the end, forms individuals' convictions and actions.  Moreover, two main platforms exist that transmit information; the first bring the journalistic media, which can shine light on business activities; and the State's fiscal intervention (art. 174 CF). Nevertheless, this study analyzes the State's intervention through the optimization of existing public records and ponders on the possibility of unifying them as to give leeway to the principles of transparency, publicity, and the right to information, which are fundamental to social control. From another perspective, the possibility of inducing the disclosure of a company in registries assures the adversarial and full defense principles.