Propositive adaptations to the legal order for the viability of social enterprises in Brazil

• Grant number: 13/09078-2
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2013
• End date: June 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Gustavo Saad Diniz
• Grantee: Isis Magri Teixeira
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The Brazilian business unit must develop jointly with the society that maintains and explores it. The art. 170 of the Brazilian Federal Constitution gives the dictates of economic and social justice expressed by principles allies to the exercise the duty of collaboration and, by the same title, is also guaranteed the free creation of associations for lawful purposes, while it is forbidden the interference by the own State in the functioning of these, resulting in harmony with the fundamental objectives of the Federative Republic of Brazil. The principle of free economic initiative becomes a powerful basis for the intended study. The constitutional text, however, is generic and is imminent the collision between the principles of free enterprise and social justice - that establish a broad relationship with the social function of private property (FRANCO, 2008, p. 135). The winner idea of the Nobel Peace Prize of 2006 affirmed a new social trend. Its creator, the economist Muhhamad Yunus, founded a profitable banking venture in Bangladesh but directed to the expansion of microcredit (ALMEIDA, 2010, p. 9). With a loan that requires no bail, poverty is reduced and the inclusion of millions of people in the country's economy is visible. The Grameen Bank is a social business. It is a recent entrepreneurial figure, but there are several successful experiences that already have attested to the noble character of social enterprises. For your full progress is needed, however, a system of incentives and State grants, as well as a corporate type positivist - with the necessary adaptations that cover the entire concept. (AU)