Perspectivas sistêmicas para os contratos empresariais em rede

Abstract

Society and the economy have been developing through relationships in a network format. Business networks are new economic events that emerge from the last quarter of the last century, in a globalization movement of great breath because of the digital revolution. Within this contextual panorama, the relationship between law and business networks will be addressed. Business networks will be considered economic, administrative, sociological and legal events, with their own objectives and strategies, varied formats, differentiated complexity and legal rationality. Classical institutes of economic relations, such as individualism and competition, begin to give way to a new, collective, cooperative and coordinated relationship. The issue becomes complex because it involves the relationship between the legal system and the corporate network systems. Theoretically, networks and law are autopoietic systems, with their own codes and programs, which close themselves up as their own complexity, and reproduce themselves from their recursive internal relations. In order to occur the relationship between two autopoietic systems, it is necessary a coupling element, which at the same time has internal meaning for each of the coupled systems, irritates the other system to the point of making it evolve. This coupling element is understood here as governance, management, coordination of corporate networks, which for them means organization of cooperative collective relations, and for the legal system means imputation, duty, responsibility. In practice, this rationality does not take place. In truth, law does not recognize networks as differentiated economic subsystems. Law, when called to temporalize behavioral expectations related to the networks, it does so from the meanings linked to the general economic environment, resulting in an incongruous law after the Luhmannian bases.