Astúcia jurídica e o uso da lei como fonte de vantagem competitiva: caso das empresas sediadas no Brasil

Abstract

The companies strategy for achieving competitive advantage is widespread issue, as has been the complexity and dynamism of global business that demands a continuous search for the strategy that will enable a better competitive position. However, the study on the strategic value of managing the legal aspects related to the business only began to be featured on the agenda of international studies in the first decade of the 21st century. Collapses occurred in some large companies contributed to a review about the losses associated with legal risks well as the regulation of corporate activities. For example, in July 2010 was promulgated in the U.S. Dodd-Frank Act in response to the serious crisis of confidence in the market, predicting a regulatory process focused on transparency, accountability of directors and protection of consumers. The facts justify the study of (i) the ability of valuable executive who has "legal astuteness" and therefore is able to explore the legal aspects which the organization is involved as a way to achieve competitive advantage and (ii) the use of Act proactively, able to stimulate the identification of opportunities, the detection of potential problems, the search for a preventive action in order to create value, strengthen relationships and manage risks. In Brazil, the literature on Legal craftiness is nonexistent, and the use of law as a source of competitive advantage was not the subject of scientific research. Nevertheless, there is a comprehensive legal framework, complex legislative environment and subjecting companies to numerous responsibilities, penalties and legal risks in general. The lack of legal provision also has the potential to affect the competitive environment, so the search for trends and anticipating legal risks may represent a competitive advantage. Added to this, it is necessary to consider that when differences occur and are brought to the Brazilian judiciary, he proves costly and exhausting. The work explores the interface between management and law with emphasis on the perceptions of executives and corporate lawyers about sustainable competitive advantage that the Law can create opportunities for the strategy of Brazilian organizations. Seeks to gauge whether Brazilian organizations realize strategic value in active management of the legal dimensions of business. The purpose of this paper aims to promote the scientific study in Brazil from the multiple case study and publicize the experiences of Brazilian companies on the perception of its executives and lawyers about the strategic value in active management of the legal dimensions of business. Thus the approach in relation to Brazilian companies is innovative and will help to guide about: the Legal craftiness required to executives and the use of law as a source of competitive advantage, combining theoretical and practical nature of the research.