Abstract

LAUAR LEITE, Marcelo. Exegesis on the constitutionality of the provisional custodians in corporate conflicts. Opin. jurid. [online]. 2016, vol.15, n.29, pp.203-221. ISSN 1692-2530.

For this article, based on the right to freedom of initiative, is discussed the constitutionality of judicial measure that determines the intervention in business corporations in conflict through provisional custodians. For this, it was chosen the hypothetical-deductive method of approach, starting with the categorization of free enterprise as a fundamental right. Subsequently, the panorama of the said judicial measures is presented. More than seek and provide a simple answer, are drawn constitutionality metric modeled on arguments based on the theory of fundamental rights and corporate law. As a main result, it was seen that, even if judicial intervention happen to the appointment of third parties for commercial administrator role, it preserves the essential nucleus of free enterprise and the social and extra-social corporate interests that surround the business organization, performing, abstractly, as a legitimate and constitutional measure.

Keywords : Freedom of initiative; Business corporations; Conflict between partners; Provisional custodians; Constitutionality.

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