The purpose of this paper is to interpret the content of article 47, of Law n. 11,101/2005, particularly with regard to the “social function” of the company in the context of the judicial reorganization process. For this purpose, it adopts the premise that the company’s primary function is of an economic nature, which allows it to be competitive and to face not only its fundamental scope (ie, generation of profit for its owner) but also the different interests involving it (wages, taxes, social security contributions, financial creditors, etc.) The author seeks to demonstrate that, from the granting of judicial reorganization, the company assumes new functions in view of its internal restructuring and the broad review of the legal relationships established between the entrepreneur and stakeholders, and such functions must meet the company’s socioeconomic sustainability requirements. and balance between the different legal positions of shareholders.
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Mauricio Moreira Mendonça de Menezes
