A disciplina do nome empresarial: natureza e tutela jurídica

Abstract

This paper analyzes the trade designation of a business entity as a distinctive sign of the personality of the individual entrepreneur, the limited liability company and the limited liability entrerprise. The following research guidelines are linked herein: Entrepreneurship and Economic Activities. The form of research adopted was the theoretical type; the method used was the deductive one, aiming at an objective analysis. Sources used were bibliographic and documentary. The legal regulation of the business designation in Brazil is dissected, and its legislative history, evolution and improvement are shown. The current regulatory framework of the business designation are treated herein, and the distinctions between the business name and other signs constituting the entrepreneurship elements are examined. The functions fulfilled by the business designation are also examined, as well as the status of the business name as a fundamental right. Emphasis is given to its absolute protection, regardless of the branch of activity developed by the entity, and focuses on its administrative, civil and criminal tutelage in our legal system.