Impactos da legislação aplicável ao registro público mercantil: da lei 8.934/94 à lei de liberdade econômica

Abstract

The present study aims to analyze the legislation that surrounds the commercial public registry, conducting a historical analysis of both the socio-economic phenomenon that is the company and the business registration, and its importance over time, including in modern times where the main problems related to the subject persist. With the evolution of capitalism and globalization, companies have become the main driving economic agent for the country's development, and therefore, special attention must be given to entrepreneurs. Excessive bureaucracy can hinder the development of business activities, either due to taxation issues or obstacles related to the process of opening and legalizing companies, which involves the commercial public registry, one stage in a complex network composed of public entities from all federative entities. Based on the premise that the simplification of processes aids in the economic development of the country, an environment conducive to the creation of laws favoring entrepreneurs has been established. Accordingly, the study will focus on the main laws related to the subject, not limiting itself to the commercial public registry but encompassing the entire process, including viability, registration, and state authorizations. The primary objective is to determine whether the simplification of processes over time has indeed created a business-friendly environment for economic development. In summary, we can mention Law 11,598/2007, which created the National Network for the Simplification of the Registration and Legalization of Companies and Businesses - REDESIM, establishing an integration regime among different entities of different federative entities that falls under the commercial public registry or leads to it. Furthermore, this study will delve into Law 13,874/2019, known as the Economic Freedom Law, as it forms the essence of the proposed reflection. This law is entrusted with changing the paradigm of simplifying the process of opening and legalizing companies.