Empresários divergem sobre Código Comercial

Empresários divergem sobre Código Comercial

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Por Thiago Resende

A proposta para o novo Código Comercial, uma espécie de direitos e obrigações das relações entre empresas, deve ser concluída até setembro pela comissão da Câmara criada para tratar do assunto. O texto já provoca divergências entre empresários. Alguns defendem que as regras vão elevar custos. Contudo, o presidente da comissão, deputado Laércio Oliveira (SDDE), que também é vice­presidente da Confederação Nacional do Comércio de Bens, Serviços e Turismo (CNC), acredita numa redução dos preços dos produtos sob o argumento de que a segurança jurídica a ser criada vai diminuir os riscos às companhias.

Um dos principais pontos do texto vai estabelecer critérios para as trocas comerciais entre empresas via internet. Atualmente não existem essas regras. Poucos fornecedores já vendem insumos e serviços para outras companhias por meio eletrônico. Para Fábio Ulhôa Coelho, professor de direito econômico da Pontifícia Universidade Católica de São Paulo (PUC­SP), o código, então, deve destravar esses negócios. “Empresários estão deixando de atuar por cautela. Se um fornecimento de matéria-­prima não chegar, isso gera um problema e um processo judicial muito custoso”, disse.

A ideia a ser apresentada pela comissão do novo Código Comercial estabelece que todos os documentos com certificação digital terão validade jurídica, ou seja, vão servir como prova do contrato firmado entre as empresas. Isso não significa que outras informações eletrônicas, como e­mails sem essa certificação, serão descartadas e consideradas ilegais num eventual processo judicial, mas não terão o mesmo peso das que estiverem adequadas à norma, explicou Coelho, especialista que trabalhou junto com a comissão de deputados sobre o Código Comercial.

Oliveira frisou que atualmente as regras existentes estão divididas: uma parte ainda está conjunto de normas mais antigo ­ de 1850 ­ e outra foi incluída no Código Civil. Mas isso não é suficiente. “Não há um regramento que trata exclusivamente das relações comerciais, como tem para a parte tributária e trabalhista. Assim, quem julga não tem assim um conhecimento profundo de como seja a prática comercial”, defende o deputado.

Ele avaliou ainda que, ao sancionar o texto, o governo vai dar mais previsibilidade para as empresas, que devem reduzir a taxa de risco ­ por decisões judiciais que podem surpreender ­ embutida nos valores das mercadorias. “Os produtos, assim, devem ter seus preços reduzidos”, concluiu. O cronograma do presidente da comissão prevê que o relatório parcial do Código Comercial seja apresentado em julho ou agosto para que parlamentares, entidades e juristas possam opinar.

A Confederação Nacional da Indústria (CNI) argumenta que já há uma lei de sociedades anônimas e sobre falências, cujos artigos foram incluídos na proposta do código, o que pode gerar problemas jurídicos às empresas.

Ulhôa concorda que, a princípio, as empresas terão um custo para se adaptarem às regras e tomarem conhecimento das mudanças, mas esse valor é “mínimo” perto das vantagens a serem obtidas, como a desburocratização.

Fonte: Valor Econômico
Acesso: 25 Jun. 2015

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