The free-initiative as a clause of interpretation of business conflicts

Abstract

Private autonomy is at the heart of private law, resulting in free enterprise as a legal principle that ensures the existence of the corporate legal regime in Brazilian law. This paper discusses the busi- ness controversies arising from the compatibility between the pursuit of private profit and the inter- ests of others involved in the exercise of business activity, such as workers, the government and other entrepreneurs. It evidences the historical evolution of business law in the sense of making free enterprise a fundamental right held by the entrepreneur, as well as the recognition of the search for profit as a subjective right. Based on the bibliographic, jurisprudential and legislative proposals, the present work identifies that free initiative has been the object of interpretations tending to limit its scope, especially when resolving disputes involving social rights, noting that there is an effort by the legislator to offer protection to private autonomy and economic freedom. It concludes that the corporate legal regime has in the social function of the company a limit to the pursuit of profit, making it compatible with the expectations of the other interested in the activity, it is not necessary to depart from the business law to resolve business disputes, especially when both conflicting show the condition of entrepreneurs.