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The large companies economic power abuse and the effectiveness of credit transactions made by micro-entrepreneurs acordding to the article 73-A From the Brazilian Complementary Law 123/2006

Grant number: 16/07578-6
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): October 01, 2016
Effective date (End): September 30, 2017
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal Investigator:Rogério Alessandre de Oliveira Castro
Grantee:Gabriela Corrêa Dias
Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The Brazilian Complementary Law 123/06, after its modification by the Complementary Law 147/14, has brought the Article 73-A, which forbids contractual terms limiting credit movement or creditory rights when those credits raise on buying and selling with microenterprises or small business. Thereby, after the recent legislative alteration, the micro and the small businessmen are authorized, no matter what the contract lays out, to circulate the credits of their enterprises. It is important to highlight that credit operations are extremely important to microinterprises and small business, because they are usually an important source of income to the company, notably to its working capital, so that credit operations are a way to guarantee the survival of the business. In this vein, the purpose of this research project is to analyze the existing regulation in Brazil related to the non assignment of credit clause and the concurrence defense, with higher focus to cases in which micro enterprises or small business are in one of the legal relationship poles, identifying if the law is enough to ensure the micro and small entrepreneur the possibility to circulate its credit. It is a project that intends to use a predominantly deductive method, to infer the possible instruments to bring effectively to the disposal on article 73-A of the Complementary Law 123/06, on the search of ways to make possible for micro and small entrepreuners circulate their credits apart of the contractual arrangements.

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