The knowledge economy and new contractual relationships.
Andréa Cristina Trentini Kuerten Baracuhy, Lawyer OAB/SC 23071 and legal adviser to the company National VOX Digital Agency.
The rules of contractual relations depend on the legal nature of the company and its corporate activity, but it is the contractual relations between the companies (1) and the information society (2) that move the new economy.
“[... ]The knowledge economy is really the new economy, with new rules, requiring new ways of doing business” (3).
With the evidence of the constitutional principle of right to the ecologically balanced environment and in view of the reflections of the information society on business activity it is common for companies to adopt some model of sustainable development and social responsibility appropriate to the business sector, for example, to eliminate the physical “paper” of the company’s daily life, use recyclable products, acquire books, and to make a contribution to the development of the business. digital, storing data in virtual environments representing the first step for social responsibility management associated with corporate activity.
However, it is not enough, after all, to be more complete and extensive that the model of social responsibility associated with sustainable development seems to be never ideal.
It is necessary more, because technological change is dynamic, accelerated and continuous, and total quality management and the strategic planning depend on the business activity, the decisions of its managers and the continuity of the digital trade.
So, the challenge here is to change from the routine of companies from operations, internal and external logistics, marketing, services to support activities with HR sector and legal action, qualifying employees for culture and awareness in various areas of knowledge that include social responsibility, ethical and human values.
Paesini believes that some companies are adopting a more complex model that is closer to ideal, which includes social responsibility: “as a type of business principle that brings together: ethics, human values and social responsibility, as an unwritten rule” (4).
Many innovations are clearly seen in the form of storage of information within the business sphere and in the new forms of contractual relations agreed on in the virtual scenario. These are companies that innovate beyond the form of hiring and storing data, and also renew in the solution of possible conflicts arising from these contracts.
This business principle employed by companies in the search for alternatives such as: incorporating a business innovation model capable of supporting business management in the information society, adding efficient rules that underpin this trade model, changes in the company's functions and in the relationship with customers, and above all with legal solutions compatible with the new economy and with the digital right(5).
The legal suggestion for companies that face legal conflicts arising from these contracts is: the choice of conciliation, and where possible, the digital enterprise It must be chosen by the arbitration procedure for several reasons, but mainly because it is the legal way to avoid the disruption of contractual relations between the digital company and the user (member of the information society). Other important reflections are the consequence of the time lapse for the drafting/amendment of legislation, because it does not follow the speed of changes in digital contracts, thus security, secrecy, democracy, convenience, effectiveness, speed, experience, are some of the benefits obtained in the arbitration procedure.
Searched Sources:
- BRAZIL. Constitution of the Federal Republic of Brazil 1988.
- BRAZIL. Law No 8078/90. Consumer Protection Code.
- . Law No. 9.307/93. Arbitration Act.
- . Law No. 8.955/94. Franchise Act.
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Getúlio Vargas, Foundation. Fundamentals of Information Technology. Available in:<http://www5.fgv.br/fgvonline/ocw/OCWWTIEAD/index2. htm>. Accessed on 11 Jan.2012.
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PAESANI, Liliana Minardi. The Law in the Information Society. Atlas publisher. São Paulo, 2007. PINHEIRO, Patricia Peck. Digital right. 3rd Ed. São Paulo: Saraiva, 2009.
TZIRULNIK, Luiz. Companies and businessmen in the new Civil Code. São Paulo, 2005. Editor of the Courts.
1. TZIRULNIK, Luiz. Companies and businessmen in the new Civil Code. São Paulo, Editora Revista dos Triúnals 2005. p.48 “legal entities are classified into: legal entities governed by national public law, legal entities governed by external public law, legal entity governed by private law”. ...legal person governed by private law may be state or private, depending on the origin of the resources employed in its constitution.
2. PAESANI, Liliana Minardi. The Law in the Information Society. São Paulo, Atlas 2007 Editor..p.127: “The information society covers the Law of Informatics, but it is not limited to this branch of legal science. It can be said that it acts as an informational environment and not necessarily computerized”.
3. PAESANI, Liliana Minardi. The Law in the Information Society. Publisher Atlas São Paulo, 2007..p.121
4. PAESANI, Liliana Minardi. The Law in the Information Society. Publisher Atlas São Paulo, 2007..p.26
5. PINHEIRO, Patricia Peck. Digital right. 3rd Ed. São Paulo: Saraiva, 2009. p. 35. “We should not therefore think that Digital Law is totally new. On the contrary, he has his place in most of the principles of current law, and he has the most use of the legislation in force. The change is in the posture of those who interpret it and make its application. (Scoffs) Law must be based on the assumption that we are already living in a globalised society. Its great challenge is to have perfect adequacy in different cultures, and it is therefore necessary to create flexibility of reasoning, never the ties of a coded legislation that can become obsolete quickly.”
