Controle dos atos societários pelas juntas comerciais: uma visão histórica, estrutural e procedimental

Abstract

Analysis of control of corporate documents submitted for registration under the Trade Boards, which are responsible for implementing the Public Registry of Companies (RPEM). To accomplish this goal, originally, a study of the historical evolution of the Registry of Commerce addressing its inception, mainly in France and Portugal, countries that were the basis for comparative analysis of the control of corporate documents is developed in these nations was conducted. In this line, our focus was the approach to the historical evolution of the Registry of Commerce in Brazil, trying to make a counterpoint to the Business Registration experiment in our times. They were later outlined the fundamentals, the function of RPEM and the legal nature of the Board of Trade. In this vein, we tried to define the incidence of legal hermeneutics' decisions in RPEM. Demonstrating that the factual effects that produces RPEM as sanitation and vices found before and after the filing of the document should occur. For the last, we analyzed the legal control of corporate acts and what are the limits for the examination of the legal formalities of corporate acts, by analyzing, including judgments delivered by the Courts of the State of Rio de Janeiro which aimed to limit or no power of interference of the examiners Board of Trade. Within this theme, the study sought to define the liability of the Board of Trade and its agents that perform the control of corporate documents.