A livre iniciativa e a responsabilidade social da empresa

Abstract

The paper aims to analyze the historical axiom of free enterprise in order to understand its current constitutional status and the implications of its importance for the Brazilian legal system, in order to subsequently justify social responsibility as a derivative of the social function, as a necessary condition for business activities. The paper sought to answer three essential questions: (1) Is free enterprise a principle, a fundamental right, or a value?; (2) What is corporate social responsibility and how does it differ from the social function?; (3) Are there limits to business activities? With this in mind, the structure was as follows: first, free enterprise was presented, along with its historical development and current constitutional status. Also the 13.874/2019 law and its impacts were analyzed. Next, a parallel was drawn between free enterprise, capitalism, and the Democratic Rule of Law, in order to illustrate the existing connection between them and their importance in guaranteeing the enjoyment of economic freedom. Based on this, it became possible to delve into the concept of the social function as a way to recognize the counterbalances proposed by the State to business activities, so that, based on Bowen (1957) and Baracat and Zaragonel (2018), it was possible to move from the concept of the social function to that of corporate social responsibility, which presupposes changes in the strategic and commercial behaviors of the company voluntarily aimed at contributing to the achievement of the so-called objectives of the Republic, listed in Article 3 of the Federal Constitution. It was also argued in favor of the application of the institute of social responsibility in business organizations, given its relevance and effects