Função social da empresa sob a óptica do capitalismo humanista

• Ano de defesa: 2018
• Autor(a) principal: D'Avila, Gabriela de Freitas
• Orientador(a): Sayeg, Ricardo Hasson
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Direito empresarial; Função social da empresa; Capitalismo humanista
• Palavras-chave em Inglês: Business Law; Social function of the company; Humanist capitalism
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/21853

The purpose of this study was to elucidate the social function of the company from the point of view of humanistic capitalism, with a view to promoting the dignity of the human person through humanized business practices. First, we explored the historical evolution of commercial law, from the origin of economic activity to current business law. Once this historical evolution was understood, the study of the company itself, its characteristics and its legal nature was carried out. We dealt with aspects of paradigm change in business practices performed by companies in the XXI century, aimed at solving social problems, demonstrating that the old concept of a company whose sole purpose was to generate profit was severely transformed. It was included in the social function of the company according to doctrinal concepts and its application according to the aspects of incentive to the exercise of the company and conditioning of its exercise. Then the difference between the social function and the so-called social responsibility, the latter reaching the highest level, was delineated. In the second chapter a study was made of humanistic capitalism, its economic and juridical contours, as well as the principle of the dignity of the human person. The valorization of human labor and free enterprise are foundations of the economic order, which aims to ensure a dignified existence. That is, one can understand that the dignity of the human person is the primary purpose of the regime adopted by the Federal Constitution, constituting a fundamental right. This understanding based on the theory of humanist capitalism was fundamental so that the practical approach of the social function of the company could be understood by the combination of three elements: the legal text, the cultural context and its humanistic dimension. At the end of the study, we explored the business models called shareholder and stakeholder, their differences and the result that the choice of one or the other can bring to the organization. Finally, business humanization practices, such as decent treatment of employees, transparency and integrity in companies, protection of personal data, policies to increase gender diversity, animal care, as well as environmental awareness were exemplified