The economic constitucional principals and the positivation by the law of bankruptcies and recovery of the companies
DOI:
https://doi.org/10.5433/2178-8189.2007v11n0p145Keywords:
Recovery and maintenance of companies (law n.11.101/ 05), positivation of the economic constitucional principles, social activity, bankruptcy.Abstract
From the insertion of the principles and values in a Constitution, all the constitutional rules and infraconstitutional must be said by them. In the case of the Law of Bankruptcies and Recovery of the Companies (Law n. 11.101/05), such orientation has been observed accurately, in reason of the following principles that surrounds the Economical Order: private property, social activity of the property and the company, free competition, guarantee of the full job, suppliment of the regional and social inequalities and differentiated treatment for small and micro companies. The main purpose of preserving the economically viable companies is exposed by such law enabling in reason of the reality, effectively, to see the effects of the value of the social activity that eradicates by the Brazilian Juridical Order, including for the economical constitucional field. This process of positivation builds a new panorama in the world of business in the management of business politics.
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