Revista Eletrônica do Curso de Direito da UFSM (Dec 2017)
THE SOCIAL FUNCTION OF THE COMPANY: HUMANIST CAPITALISM AND ETHICS IN THE SEARCH FOR SOCIAL JUSTICE
Abstract
The present study aims to approach the social function of property and of companies, its implications for economic development, its use as a basis for the Neoliberal State, and its individualistic character that allowed the accumulation of wealth, causing inequality. In postmodern western society, the movement for the implementation of a Social State seeks to relativize the legal nature of property by granting it a social function of prominence and imposing on the holder of the domain a positive posture in a proposal of humanization of economic relations, in order that the people are the greater end of the capitalist society and not a mere object. Using the deductive method, it will be possible to conclude, in the end, that the social function of the company must abide by the aims emanating from the Brazilian constitutional republican legislation and grant, through humanistic and fraternal capitalism, a life with dignity and social justice.
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