The Brazilians cooperative legal treatment and national regulation support for its promotion: the adequate corporate and bankruptcy regime in accordance to the cooperatives identity as social economy businesses

• Grant number: 11/18064-0
• Support Opportunities: Regular Research Grants
• Start date: April 01, 2012
• End date: March 31, 2015
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Emanuelle Urbano Maffioletti
• Grantee: Emanuelle Urbano Maffioletti
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Cooperatives are social economy business estructures, shaped as companies, organizedunder cooperation principles, such as mutuality, community concerns an cooperationbetween cooperatives. International organizations, such as the ICA, the UN and the ILOencourage ICAs 1995 Declaration reassurance and cooperative promotions worldwide.Cooperatives dissemination concerns are also found in regional basis (such as EU andMercosul). Latin Americas cooperative experts' conferences and reunions suggest a legaland public policy harmonization and cooperative regional integration, legally acceptingMercosuls cooperatives and their legal regimes adequacy. Brazils cooperative legislation(spread through the Federal Constitution, the Civil Code and Federal Act 5.764, of 1971) isconsidered lagged, lessening it use, comparing to other business structures. The followingresearch analyses the Brazilian cooperative regulation, emphasizing its corporate andbankruptcy treatment, featuring: (i) Cooperatives legal nature peculiarities as socialeconomy structures; (ii) the regulations approach to international orientations, othercountries legal systems tendencies and Mercosuls members legislations; (iii) Brazilsimplemented public policies, according to ILOs Recommendation nº 123, national andinternational market insertion and integration movements of cooperatives. (AU)