Cooperativismo e o debate sobre os direitos de propriedade dos ativos econômicos

Abstract

The cooperative since the appearance in England in the eighteenth century and has undergone many changes, especially with regard to the basic principles based on mutual solidarity and help. These were disseminated in several countries, including Brazil, which has gained increas- ing space. Regarding the current legal system of cooperatives, there is limitations with regard to the rights of property assets, as under current law, Law No. 5764/71, it is identified that there are restrictions when the associated wants to have their quota shares, form of transfers, sale or transfer of these assets, restricting their right to property, ie, each member has its share of and can not discard it. This study seeks to identify the bottlenecks of cooperative legislation, making a contemporary debate of great importance, because the proposals to amend the current legis- lation to a structural change, organizational and management of cooperatives. Noting that due to amendment of existing cooperative legislation, may have conflicts in the architecture of this entity, because it is changing the whole basis, the origin of the cooperative system based on its fundamental principles as to become competitive in the market some concepts They will have to be modified and even extinct.