The Italian regulation of the family protocol and its impacts to business succession planning: new perspectives to Brazilian law

• Grant number: 18/13150-4
• Support Opportunities: Scholarships abroad - Research Internship - Scientific Initiation
• Effective date (Start): September 12, 2018
• Effective date (End): January 11, 2019
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Gustavo Saad Diniz
• Grantee: Isabella Casagrande de Miranda Caribé
• Supervisor: Luigi Balestra
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil
• Research place: Università di Bologna, Italy
• Associated to the scholarship: 17/23955-7 - The regulation of the family protocol as an instrument in the succession planning of family business in Brazil, BP.IC

Abstract

Family businesses represent a significant part of the Brazilian economy, constituting 50% of the national GDP (FAMILY FIRM INSTITUTE, 2016). In addition, they provide income for thousands of families who depend on these establishments as their only source of livelihood. However, as studied in the researcher's main project, it is notorious that there are insufficient legal instruments capable of allowing an efficient succession planning process for these businesses, which greatly hinders the intergenerational continuity of these companies. In this sense, the family protocol can be a viable alternative to ensure the passing of the baton, as long as it is properly regulated by the country's legal order. Thus, the present project aims to investigate whether and how the regulation of this apparatus can be positive for the Brazilian scenario, in light of the Italian experience. In Italy, since 2006, the patto di famiglia is regulated in Codice Civile, a factor that has been allowing a considerable increase in the percentage of businesses that reach the second, third and fourth generations (PASQUALETTO, 2007, p.20). Through contact with local reality and theoretical and doctrinal studies, the research will be developed with the support of materials present exclusively in the renowned legal library Antonio Cicu, at University of Bologna, and the guidance of the deputy dean of the Faculty of Law of UNIBO, the professor and lawyer Luigi Balestra. It is important to note that the proposal for an internship abroad has already been foreseen in the main research project submitted and approved by FAPESP. (AU)