Regulação e desenvolvimento: regulação de registro de empresas e segurança jurídica

• Ano de defesa: 2019
• Autor(a) principal: Cerezoli, José Aderson
• Orientador(a): Ribeiro, Leandro Molhano
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Regulação; Registro de empresas; Desenvolvimento; Segurança jurídica
• Link de acesso: http://hdl.handle.net/10438/27271

This dissertation seeks to study the regulation of business registration in Brazil, in order to verify if this regulation would be efficient from the point of view of legal certainty. The study starts from the premise that Brazil is poorly placed in the ranking of the Doing Business survey conducted annually by the World Bank in relation to the opening time of companies. The problem faced is summarized by the question: does Brazilian regulation on business registration promote the legal certainty necessary for the formation of a business environment conducive to the formalization of new business and, consequently, the country's economic development? As a response, three hypotheses were presented: a) that the entry regulation, with regard to business registration, does not provide a business environment conducive to the formalization of new business in the Country, in line with the Doing Business reports on input regulation; b) that it affirms that the regulation of business registration in Brazil would promote legal certainty, contributing to the formation of a business environment conducive to the country's economic development, and that Brazil's misplacement in this ranking would be due to other causes; and c) that the regulation of business registration would promote adequate legal certainty for the formalization of new companies in the Country, but the registration bodies do not. The work is developed under an approach of the Law and Development theory, from the paradigm of the regulatory alternatives, according to which are considered the institutional arrangements, the regulatory models, the conception of consolidated law in the society and the learning accumulated. The regulation of business registration, in the context of entry regulation, makes it essential for the formation of a business environment conducive to economic development, as they are shown as an instrument to promote legal certainty for the establishment of business relationships. In order to analyze the quality of Brazilian regulation in terms of promoting legal certainty for development, a methodology was proposed based on the analysis of real data on business registration provided directly by the commercial boards, which measures the time spent in the process of registration of companies, according to the complexity of the corporate structure chosen by the entrepreneur. Based on this methodology, time indices for registration of companies were established in five Brazilian state capitals, in the municipalities of Rio de Janeiro - RJ, Belo Horizonte - MG, Belém - PA, Maceió - AL and Porto Velho - RO, from January 1 to 2017 to June 30, 2018. In the conclusion, the initial hypothesis was confirmed that the regulation of business registration is not a determining factor in the delay in registering a company in Brazil, which certainly would come from other causes, such as the World Bank's own research problems and the complexity of entry regulation in general.