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01.01.2015

Contemporary aspects of the structure and function of the corporate control power

Mauricio Moreira Mendonça de Menezes

Aspectos contemporâneos da estrutura e função do poder de controle societário. Mauricio Moreira Menezes. Rio de Janeiro: Processo, 2015, 116 p.

The doctrine of the power of control is a topic of notorious relevance for private property relations and emerged from the study of power relations in corporations. With regard to the structure of control power, the model that prevailed in Brazil in the last century of economic activity is being flexed: the old concentrated control, usually held by members of one or a few families, has been opening space for minority control. It is true that cases are still incipient, but flexibility is uncontroversial. The diffusion of capital control is a path that has only recently been opened and constitutes a phenomenon that reaches the heart of the shareholding structure in Brazil. A thorough and serious examination of this phenomenon is essential for this research, as the conclusions presented here should be applicable to any category of companies, including those whose capital is dispersed in the capital market. Since the controlling shareholder is responsible for carrying out the company’s socioeconomic function (article 116, sole paragraph, Law No. 6,404/76), this book examines the effects of exercising the Contemporary Aspects of Structure and function of the power of corporate control under the double aspect of the structure and function of the norm. Subsequently, comments are presented on the evolution of shareholding in Brazil, including contemporary issues.

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