O papel do Estado como acionista controlador de sociedades de economia mista: limites e restrições à perseguição do interesse público
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2018-02-05
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Porto, Antônio José Maristrello
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The purpose of this dissertation is to examine the limits and restrictions imposed to the State as controlling shareholder of mixed-ownership companies (sociedades de economia mista), when it sacrifices the profitability of such companies to pursue the public interest that justified the incorporation of the company. The study shall analyze the constitucional basis for the incorporation of this kind of companies, as well as its social and economic purposes. Afterwards, this dissertation shall discuss the restrictions imposed by Article 238 of Law No. 6,404/76 and by the new provisions of Law No. 13,303/16, as well as the feasibility of the use of such companies to achieve macroeconomic goals and to put into practice public policies. Throughout this work, it will also be discussed the conflict of interests arising from the dual role of State vis-à-vis the state-owned entities, acting as controlling shareholder and regulator at the same time. In addition, this dissertation shall assess whether the company and/or its private shareholders should be entitled to receive a compensation for any losses incurred by the company as a result of the execution of loss-making transactions carried out with the purpose to pursue the public interest that justified the incorporation of the company. Finally, the work shall present the main types of control to which the mixed-ownership companies are subject, under the perspective of the controlling shareholder, as well as a critical judgement to certain relevant decisions recently issued in connection with the subject matter of this dissertation.