Sociedades Anônimas de capital disperso no Brasil e a insuficiência normativa para lidar com as questões internas de poder

Abstract

This paper aims to analyze the ability of Law No. 6.404/76 to regulate internal disputes of power, within business corporations, both those in which the capital is concentrated and those with dispersed capital. A teleological analysis of various provisions of the law in question will be performed, as well as a brief presentation of the various forms of corporate control. The work will also relate the question of structuring with capital with the various forms of control, demonstrating an intrinsic relationship between these issues. It will also be questioned if the aforementioned law has the capacity to fulfill its objectives regardless of the form of capital structure. Thus, it will be possible to observe the existence of a normative insufficiency of Law No. 6.404 / 76, due to the non-legal forecast of the situation of dispersed structured capital. In view of this, some of the consequences of this situation will be mentioned, such as failure to respect certain objectives of the legislation in question.