Post by account_disabled on Mar 13, 2024 19:34:16 GMT -8
It is important to remember the wise words spoken by Senator Renan Calheiros when delivering to the Senate, in November 2013, the Commercial Code Draft Report prepared by a Special Commission of Jurists. The senator said on that occasion:
“The Commercial Code has a fundamental influence on the country's development. Hence why it is not acceptable for Brazil, included among the largest in the world economy, to have outdated, fragmented and bureaucratic legislation.
Over the years, Brazilian rules on trade ended up becoming a disjointed body of scattered, sometimes contradictory laws and, as a result, legislation that was difficult to understand.
This confusing situation, which leads to legal B2B Lead uncertainty, does not help create a good business environment.
What remains of the current Commercial Code, published in June 1850, are norms disconnected from the country's growing industrialization, technological advancement and the expansion of the capital market.” [1] .
The 21st century, which is one of urgency, change, discontinuity and great rupture, no longer accepts obsolescence in the legal area, no longer allowing the Law to delay in relation to the facts. The evolution of our economy and the country's new social and political dimensions require legislation compatible with our development. The new set of regulations must therefore be the catalyst for progress. It is up to you to guarantee the security and stability of legal relationships and, from a prospective perspective, look to the future and encourage the investments we so desperately need, especially in the area of infrastructure. This is what our Civil Code and our Corporation Law did in their respective areas of activity.
In the same way that techniques age, in all fields, from engineering to medicine, there is also a need in Law for a renewal of concepts and a re-examination of institutions and even a re-appreciation, or a new way of enunciating some principles, due to demographic and technological evolution and due to the vision of society itself, which may be more liberal or statist. The legal institutions themselves, such as contracts, property, family and civil liability, evolve. Therefore, the maintenance of outdated concepts can lead jurists to fall into what Alvim Toffler called “the trap of obsolescence”, giving legal concepts the meaning they had in the remote past, or even ignoring the new social and technological realities, which the Law cannot ignore it.
Furthermore, Commercial Law has always played the role of an advanced sentinel, a set of more advanced norms, in relation to traditional Law, abandoning an exaggerated formalism, overcoming the misoneism of jurists and adopting more flexible solutions. It has always been the right to freedom of contract, without prejudice to respect for ethics and public order. At various times in history, we have had the need to make existing norms more flexible, whilst maintaining the traditional system in parallel and creating, alongside it, a new set of regulations of a special nature. Over time, some of these new norms penetrated common law and, having initially emerged to be applied in the case of peculiar situations, were finally consolidated in all civil legislation, thus reestablishing a single legal regime. and common law, in certain cases, incorporates special law.