ATIVIDADE EMPRESARIAL

Summary

This video lesson explains the concept of business activity in Brazilian law, distinguishing between entrepreneurial and non-entrepreneurial activities. A business is defined as an organized economic activity for producing or circulating goods or services, with the goal of achieving financial results. The script highlights that intellectual professionals, such as artists or doctors, are not automatically considered entrepreneurs unless they organize their profession with production factors into a business. It also covers rural entrepreneurs, cooperatives, and corporations, emphasizing the legal implications for these activities under Brazilian law.

Takeaways

• 😀 A business is an economic activity organized for the production or circulation of goods or services.
• 😀 A business is characterized by professionalism, organization of production factors, and the pursuit of financial or economic results.
• 😀 The Civil Code defines a business as any activity organized for the production or circulation of goods or services (Article 966).
• 😀 Professionals in intellectual, scientific, literary, or artistic fields are not considered business owners unless their profession is part of a larger business structure.
• 😀 Professionals such as doctors, dentists, or engineers may become considered business owners if they organize their work using production factors like capital, labor, and technology.
• 😀 The concept of 'element of a business' involves organizing factors like capital, labor, and technology to form a business, such as a clinic or construction company.
• 😀 A professional's activity becomes entrepreneurial when it evolves from a personal service to a business that organizes production factors.
• 😀 Rural entrepreneurs who do not register with the commercial registry are not considered business owners unless they register their activity as a business.
• 😀 Cooperatives are not considered business activities under the Civil Code (Articles 982, 1093-1096) and are always treated as civil societies.
• 😀 The law treats business activities differently, distinguishing between intellectual professions, rural entrepreneurs, cooperatives, and corporations based on how they organize production factors and their registration status.
• 😀 Activities like those of intellectual professionals and rural entrepreneurs become business activities only when they organize production factors with the goal of achieving economic results.

Q & A

What is the definition of a business activity according to the script?

A business activity is an organized economic activity aimed at the production or circulation of goods or services. It is characterized by professionalism, the organization of production factors, and the pursuit of economic or financial results.

How does the Brazilian Civil Code define a businessman?

The Brazilian Civil Code defines a businessman as anyone who professionally engages in an organized economic activity aimed at the production or circulation of goods or services, as stated in Article 966.

Which professions are not considered business activities under the law?

Professions that are intellectual in nature, such as scientific, literary, or artistic professions, are not considered business activities, even if auxiliary help is employed. These activities are only considered business activities if they are part of a business organization.

What is meant by the term 'element of the business'?

The 'element of the business' refers to the organization of production factors, including capital, labor, inputs, and technology. A professional will be considered a businessman if their profession involves these elements of production in a business-like manner.

Can a professional such as a doctor or dentist be considered a businessman?

Yes, a professional like a doctor, dentist, or psychologist can be considered a businessman if they use the elements of production to create a business, such as a clinic.

What does the script say about rural entrepreneurs?

A rural entrepreneur is not considered a businessperson unless they register their activity with the commercial registry. Once registered, they are recognized as a businessman and are subject to business law, including the possibility of bankruptcy or judicial recovery.

Are cooperatives considered business activities under the law?

No, cooperatives are not considered business activities. According to the Civil Code, cooperatives are classified as civil societies, not business entities, regardless of their economic results or activities.

How are corporate societies treated under the Brazilian Civil Code?

Corporate societies, such as joint-stock companies, are always considered business societies under the Brazilian Civil Code, regardless of their type of activity, economic result, or business sector.

What distinguishes a professional's intellectual activity from a business activity?

A professional's intellectual activity is only considered a business activity if it involves the use of production factors—capital, labor, inputs, and technology—in the organization of a business. If not, it remains a personal professional activity.

What are the key components of a business activity?

The key components of a business activity include the organization of production factors (capital, labor, inputs, technology), a complex of material or immaterial assets known as the establishment, and coordination by an individual or collective entrepreneur.