As empresas binacionais e sua efetividade na liberdade de estabelecimento no MERCOSUL

Abstract

The integration process, begun in the context of MERCOSUL it is also shown through the dynamism of the private section and of the imperatividade of the commercial flows. As foundations of the integration are the freedoms of circulation of goods, services, people and capitals, and, in the specific case, the establishment freedom. Such freedoms are reached through the coordination of politics macroeconomicals and sectorial, as it sets down the Agreement of Assumption, not being this an easy task. In this vein, already in seara of political-economical approach between Brazil and Argentina, in 1990, Binational Enterprises's Statute was firm, that come as sectorial and bilateral associative form facilitative of the managerial establishment and viabilizadora of the growth of the commercial flow. The juridical structure created by the Statute he/she reveals effective and smoothing roads of the impact of the integration reducing the legislative antinomias that need harmonization. The companies' binacionais can be used as instruments of the applicability and effectiveness of the establishment freedom in MERCOSUL.