Registro público mercantil e regulação simplificada do ambiente de negócios no Brasil

Abstract

This work aims, based on the release of the World Bank's Doing Business - 2006 report, which classified the Brazilian economy as one of the most slow, costly and insecure, in terms of regulating the opening, alteration and extinction of companies and businesses. , study the legislative interventions that followed to, from this aspect, within the Brazilian National Commercial Registration System - SINREM - create transnational conditions favorable to the realization of the Right to Development. Recognized in Resolution No. 41/128, of the United Nations – UN – the Right to Development was taken as an expression of the citizen's fundamental right, supported by constitutional foundations and principles informing the national economic order, including regarding the regulation of openness, alteration and extinction of companies and businesses. Disciplined to achieve social justice, the national economic order requires accessible and simplified regulation of the exercise of business economic activity, through standardized, simplified, more agile and safe services, to expose the citizen's inalienable right to achieve dignity, as an expression of your own freedom. Considering the regulation of opening, altering and closing companies as one of the crucial aspects of deficiency in the economies visited and reported by the World Bank, the objective of the National Mercantile Registration System – SINREM – established by Law No. 8,934, was revitalized in the country. /94, and reinforced by Law No. 11,598/07, which regulated the National Network for Simplifying the Process of Registration and Legalization of Companies and Businesses - REDESIM. Composed of SINREM by the National Department of Commerce Registration – DNRC (currently DREI – National Department of Business Registration and Integration) and Commercial Boards, known as Public Commercial Registry Bodies and Related Activities, it was hoped that its services would be standardized, harmonized and integrated, including secure digitization, throughout the country, through REDESIM. Administered by the Member States, the Commercial Boards, technically subordinated to the formal acts regulated by the Federal Body, the current DREI – National Department of Business Registration and Integration – must be technologically integrated with all bodies, authorities and entities involved in the process of opening, amending and extinction of companies, including licensing the activities of natural and legal persons carrying out economic activity.