RESPONSABILIDADE SOCIOAMBIENTAL EMPRESARIAL SOB O ENFOQUE DA ANÁLISE ECONÔMICA DO DIREITO DIANTE DA INEFICÁCIA PROTETIVA DA ANÁLISE JURÍDICA TRADICIONAL

Abstract

The contemporary company assumed important roles in the Democratic and “Socio-environmental” State of Law, and in this new guise, profit, despite its indispensability in the context of business activity, is no longer the exclusive objective to be pursued, notably in the face of a growing concern with environmental issues. In view of this, the relationships built with the community, environment, consumers and workers became part of the concept of “economic efficiency”. In this sense, economic agents face the challenge of developing their activities and, at the same time, facing new socio-environmental demands, traditionally registered as an externality, causing an increase in transaction costs. This article intends to understand this apparent conflict, verify its effects and the possibility of facing it through the Economic Analysis of Law by understanding that this method, in addition to the insufficiency of traditional legal analysis, offers concrete possibilities to link environmental protection when making economic decisions. Finally, it is concluded that social and environmental responsibility actions represent a modern concept of efficiency, constituting an effective instrument for promoting sustainable development and setting a competitive edge for companies, especially considering the dynamics of an increasingly globalized and competitive market. This is a bibliographical research and the method used was the deductive one, as it is a theoretical and conceptual-normative approach.