930 resultados para Brazilian Corporate Law
Resumo:
The motives for this study originated from the notion that surprisingly little academic literature is found on actually managing and putting corporate social responsibility (CSR) into practice, in comparison with the definitions and frameworks of the concept itself. Regardless of the author, CSR has been considered consisting of three dimensions: economic, social and environmental. The question behind the three dimensions has always been whether socially and environmentally responsible behavior can lead to increased economic performance and improve the competitiveness of a company. Most of the current CSR development has related to the quantification of environmental and social performance in order to review these along with the established financial key ratios, which are based on the law and the reporting obligation of the companies. However, the previous research has mainly focused on US companies whereas studies with a European viewpoint, let alone Nordic, have been mostly lacking. Furthermore, it has been discovered recently that the integration of corporate responsibility into business is identified as the greatest challenge in CSR management in Finnish large companies. Therefore the integration of CSR into business in Finnish consumer goods companies provided an interesting, topical and somewhat obscure purpose for this study. This was further divided into three research questions concerning the reasons for CSR engagement, the role of the stakeholders and the practice of corporate responsibility. This study did not aim to build a new theory; instead an explorative viewpoint was regarded more appropriate. Accordingly, qualitative research approach and case study design were adopted in the study. Semi-structured theme interviews were used as a primary data collection method and complemented with secondary data such as websites, responsibility reports and another recent CSR study. There were four Finnish managers as interviewees of whom three presented companies and one non-profit organization. The results were somewhat convergent but differences arose as a result of the companies being at different stages as regards corporate responsibility. However, this provided only more insight into the implementation of CSR. The voluntary CSR initiatives, responsibility reporting, stakeholders and CSR management were identified as the most important viewpoints on the practical side of CSR, besides a key requirement for the integration of CSR into business to be credible was found to be a favorable management attitude. Based on the findings of this study it was admitted that giving concrete advice on CSR management is really a challenge and there is no one generally accepted and right manner to integrate corporate responsibility successfully into business.
Resumo:
Drug management of hypertension has been a noticeable example of the influence of the pharmaceutical industry on prescription practices. The worldwide leading brands of blood pressure-lowering agents are angiotensin receptor-blocking agents, although they are considered to be simply substitutes of angiotensin-converting enzyme (ACE) inhibitors. Commercial strategies have been based on the results of clinical trials sponsored by drug companies. Most of them presented distortions in their planning, presentation or interpretation that favored the drugs from the sponsor, i.e., corporate bias. Atenolol, an ineffective blood pressure agent in elderly individuals, was the comparator drug in several trials. In a re-analysis of the INSIGHT trial, deaths appeared to have been counted twice. The LIFE trial appears in the title of more than 120 reproductions of the main and flawed trial, as a massive strategy of scientific marketing. Most guidelines have incorporated the corporate bias from the original studies, and the evidence from better designed studies, such as the ALLHAT trial, have been largely ignored. In trials published recently corporate influences have touched on ethical limits. In the ADVANCE trial, elderly patients with type 2 diabetes and cardiovascular disease or risk factors, allocated to placebo, were not allowed to use diuretic and full doses of an ACE inhibitor, despite the sound evidence of benefit demonstrated in previous trials. As a consequence, they had a 14% higher mortality rate than the participants allocated to the active treatment arm. This reality should be modified immediately, and a greater independence of the academy from the pharmaceutical industry is necessary.
Resumo:
Canastra cheese is one of the oldest and most traditional cheeses made from raw milk in Brazil. However, this type of practice may have severe consequences for human health. According to the current legislation, any cheese made from raw milk must be aged for at least 60 days. Traditionally, Canastra cheese is consumed after different ripening periods, but consumers usually prefer those that are aged less than eight days. This study aimed to evaluate the effects of physicochemical and microbiological parameters, with emphasis on the pathogenic microbiota regulated by law, on cheese aged at room temperature and under refrigeration. Cheese samples were collected from eight different cheese producers located in the Serra da Canastra region twice a year (rainy and dry seasons) and analyzed with 8, 15, 22, 29, 36, and 64 days of ripening. Room temperature aging effectively reduced pathogens, reaching the total count established by law in 22 days, regardless of the season. However, ripening under refrigeration, it was ineffective in reducing the Staphylococcus aureus counts to the legislation limits, even after 64 days. Therefore, Canastra cheese should be ripened for at least 22 days at room temperature in order to fulfill the safety regulatory limits.
Resumo:
The by-law reads: "A by-law to amend by-law no. 79 of the company by restricting the distribution of monies set aside for profit sharing to officers and employees regularly employed at the company's plant. Be it therefore enacted as a by-law of Barnes Wines, Limited as follows: That Schedule 'A' to By-Law no. 79 of the Company enacted on the 2nd day of February, 1953, be and the same is hereby amended by adding after the word "Company" in the last line of paragraph I thereof, the following: 'regularly employed at the Company's plant,' Enacted this 9th day of February, 1966. Witness the Corporate Seal of the Company. Unanimously confirmed by all the Shareholders of the Company at a Special General Meeting of the Shareholders of the Company held on the 21st day of February, 1966."
Resumo:
The By-Law reads: "A By-Law to change the Qualification of a director of the Corporation. Be it enacted and is hereby enacted as a By-law of Barnes Wines, Limited that: - Whereas it is deemed expedient to change the qualifications of a Director of the Corporation; Be it therefore enacted as a By-law of Barnes Wines, Limited, as follows: That By-law no. 75 of the Corporation be and the same is hereby amended by striking out Paragraph 4 thereof. Enacted this 9th day of April, 1973. Witness the Corporate seal of the Corporation."
Resumo:
The By-Law summary states it is "a by-law relating generally to the transaction of the business and affairs of Barnes Wines, Limited". The sub headings of the bill are as follows: Head Office, Corporate Seal, Meetings of Shareholders, Directors, Officers, Notices, Interpretation.
Resumo:
La délégation du pouvoir de gestion aux administrateurs et aux gestionnaires, une caractéristique intrinsèque à la gestion efficace de grandes entreprises dans un contexte de capitalisme, confère une grande discrétion à l’équipe de direction. Cette discrétion, si elle n’est pas surveillée, peut mener à des comportements opportunistes envers la corporation, les actionnaires et les autres fournisseurs de capital qui n’ont pas de pouvoir de gestion. Les conflits entre ces deux classes d’agents peuvent émerger à la fois de décisions de gouvernance générale ou de transactions particulières (ie. offre publique d’achat). Dans les cas extrêmes, ces conflits peuvent mener à la faillite de la firme. Dans les cas plus typiques, ils mènent l’extraction de bénéfices privés pour les administrateurs et gestionnaires, l’expropriation des actionnaires, et des réductions de valeur pour la firme. Nous prenons le point de vue d’un petit actionnaire minoritaire pour explorer les méchanismes de gouvernance disponibles au Canada et aux États‐Unis. Après une synthèse dans la Partie 1 des théories sous‐jacentes à l’étude du pouvoir dans la corporation (séparation de la propriété et du contrôle et les conflits d’agence), nous concentrons notre analyse dans la Partie 2 sur les différents types de méchanismes (1) de gouvernance interne, (2) juridiques et (3) marchands, qui confèrent du pouvoir aux deux classes d’agents. Nous examinons comment les intérêts de ces deux classes peuvent être réalignés afin de prévenir et résoudre les conflits au sein de la firme. La Partie 3 explore un équilibre dynamique de pouvoir corporatif qui cherche à minimiser le potentiel d’opportunisme toute en préservant une quantité de discrétion suffisante pour la gestion efficace de la firme. Nous analysons des moyens pour renforcer les protections des actionnaires minoritaires et proposons un survol des pistes de réforme possibles.
Resumo:
El derecho internacional fue concebido como un derecho interestatal. Sin embargo, como consecuencia del desarrollo progresivo del derecho, nuevos actores y nuevos sujetos han ido surgiendo. El individuo es uno de ellos bajo diferentes perspectivas, bajo la perspectiva penal al asumir la responsabilidad de sus actos frente a los diferentes tribunales ad hoc y, ahora ante la Corte Penal Internacional. También se ha desarrollado la figura bajo la perspectiva de los derechos humanos. Este artículo analiza las formas como las políticas estatales relativas al derecho internacional se presentan a los individuos, a las personas jurídicas y a los demás actores.
Resumo:
The measurement of public attitudes towards the criminal law has become an important area of research in recent years because of the perceived desirability of ensuring that the legal system reflects broader societal values. In particular, studies into public perceptions of crime seriousness have attempted to measure the degree of concordance that exists between law and public opinion in the organization and enforcement of criminal offences. These understandings of perceived crime seriousness are particularly important in relation to high-profile issues where public confidence in the law is central to the legal agenda, such as the enforcement of work-related fatality cases. A need to respond to public concern over this issue was cited as a primary justification for the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. This article will suggest that, although literature looking at the perceived seriousness of corporate crime and, particularly, health and safety offences is limited in volume and generalist in scope, important lessons can be gleaned from existing literature, and pressing questions are raised that demand further empirical investigation.
Resumo:
This chapter outlines recent developments in the emergence within Europe of systems of criminal law designed to hold corporate bodies liable where they cause the deaths of workers or members of the public. These changes point to the emergence of a new, more punitive, legal culture in relation to corporate crime. At the same time, however, there is evidence to suggest that this punitive culture is not uniform; different national jurisdictions reflect it to differing degrees. The chapter explores the degree to which the UK’s willingness to criminalise work-related deaths is mirrored elsewhere in Europe, and identifies some factors that might account for variations in this regard. In particular, attention is paid to the influence that social and political culture have on practices in this area. It is written as part of a research handbook on corporate crime in Europe, so has an eye on a more generalist audience in some regards.
Resumo:
Accessibility has become a serious issue to be considered by various sectors of the society. However, what are the differences between the perception of accessibility by academy, government and industry? In this paper, we present an analysis of this issue based on a large survey carried out with 613 participants involved with Web development, from all of the 27 Brazilian states. The paper presents results from the data analysis for each sector, along with statistical tests regarding the main different issues related to each of the sectors, such as: government and law, industry and techniques, academy and education. The concern about accessibility law is poor even amongst people from government sector. The analyses have also pointed out that the academy has not been addressing accessibility training accordingly. The knowledge about proper techniques to produce accessible contents is better than other sectors`, but still limited in industry. Stronger investments in training and in the promotion of consciousness about the law may be pointed as the most important tools to help a more effective policy on Web accessibility in Brazil.
Resumo:
Collective bargaining, it is widely claimed, has been on the increase in Brazil since the late 1970s. This is seen as part of a broader change in Brazilian industrial relations towards a hybrid system of interest representation, in which elements of both the old state corporatism and pluralism now coexist. However, there is little or no systematic empirical evidence available to support this conclusion. This thesis addresses the question of the strengthening of collective bargaining as a method of job regulation in Brazil by providing a detailed empirical study. The questions of this study are: (a) how important has collective bargaining become in establishing provisions on the terms and conditions of the employment relationship which are not simply reproducing rules established via state regulation?; and (b) what factors accounted for changes in the content of these provisions? An analysis of 10,734 provisions in 287 collective agreements in manufacturing industries in the Metropolitan Area of Porto Alegre, the capital of the southernmost state of Rio Grande do Sul, was carried out for the period of 1978-95. This analysis offers support for the thesis that the significance of collective bargaining has increased. It shows that: (a) most substantive provisions created rules that were not established in other forms of regulation; (b) provisions that replicate the contents of regulatory legislation accounted for one out of seven substantive provisions, but in spite of being a copy of the law, these provisions are not entirely neutral for job regulation; (c) collective agreements also laid down substantive provisions benefiting employers, and not simply employees; and (d) the pace of change in bargaining outcomes oscillated with changes in the economic, legal and judicial contexts. This pace of change was mostly affected by (i) the rate of unemployment, (ii) the degree of openness of the economy to foreign competition, (iii) the capacity of employers to pass on costs to costumers, (iv) stabilisation policies aimed at curbing inflation, (v) the Federal Constitution made in 1988, (vi) the official rate of minimum wages, and (vii) the conduct of the labour judicial system in settling collective disputes.
Resumo:
This paper studies the Bankruptcy Law in Latin America, focusing on the Brazilian reform. We start with a review of the international literature and its evolution on this subject. Next, we examine the economic incentives associated with several aspects of bankruptcy laws and insolvency procedures in general, as well as the trade-offs involved. After this theoretical discussion, we evaluate empirically the current stage of the quality of insolvency procedures in Latin America using data from Doing Business and World Development Indicators, both from World Bank and International Financial Statistics from IMF. We find that the region is governed by an inefficient law, even when compared with regions of lower per capita income. As theoretical and econometric models predict, this inefficiency has severe consequences for credit markets and the cost of capital. Next, we focus on the recent Brazilian bankruptcy reform, analyzing its main changes and possible effects over the economic environment. The appendix describes difficulties of this process of reform in Brazil, and what other Latin American countries can possibly learn from it.
Resumo:
° objetivo deste estudo exploratório foi o de investigar a percepção da qualidade no serviço de advocacia empresarial. Para tanto foi realizado um estudo de caso, envolvendo uma organização de grande porte e uma sociedade de advogados que lhe presta serviços de assessoria jurídica, ambos com sede no estado do Rio de Janeiro. Os dados foram obtidos a partir de entrevistas em profundidade com profissionais de ambos os lados, tendo em vista o forte caráter de interação inerente ao serviço estudado e, também, buscando-se identificar eventuais discrepâncias relativas aos critérios de julgamento quanto à sua qualidade. Os resultados indicam que o processo de avaliação da qualidade de serviços tende a apresentar traços distintos na sociedade brasileira devido às peculiaridades de seu sistema cultural. Especificamente quanto ao serviço de advocacia empresarial, restou claro que as expectativas do cliente desempenham um papel relevante para a percepção de sua qualidade, e que fatores não técnicos, ou de natureza funcional, também possuem grande influência no processo.