A mitigação dos princípios empresariais em face da operação lavajato: um estudo de caso

Abstract

The scientific article aims to understand, analyze and solve the case study regarding the Operation Lava-Jet, which had and still has current repercussions, mainly in the scope of Business Law. The objective is to clarify the most controversial and questionable aspects of this investigation and its impacts on the companies involved, as well the possible effects on the uninvestigated companies, especially regarding the mitigated business principles such as the social function, freedom to contract, freedom of competition, among other relevant principles that have not been correctly guaranteed. It is important to emphasize the role that Corporate Law has in society, since it is known that the company is focused on the production of goods and services, besides having an organized and strictly professional economic activity, causing the national economy to move. Assuming that business acts are practiced for the purpose of profit, generation jobs and with the awareness that the productive activity involves the interest of several people, it seeks to understand why such important principles and the points already cited have not been protected and protected by the Judiciary itself in this investigation, leading to inapplicability and forgetfulness, in addition to the negative impact it has generated in Brazilian society as well asabroad.