CORPORATE GOVERNANCE AND THE SOCIAL FUNCTION OF THE COMPANY: AN ANALYSIS OF THE CONSTITUTIONAL EXPRESSION OF THE ESG PRINCIPLES IN BRAZILIAN LEGISLATION

Abstract

In the last few years, there has been widespread awareness in various areas of the importance of adopting the ESG Pillars, which impose the need to look at the environment, society and governance. Deriving from the concept of Sustainable Development, these pillars lack in-depth studies on their legal basis, making their applicability unfeasible and relativizing their importance. This article seeks, based on an analysis of the social function of property and, specifically, of the company, as a constitutional principle that aims to protect the community, to comprehend in detail the principle basis of the ESG Pillars, in order to identify their foundations within Brazilian law and, in particular, to understand the correlation between these pillars and the principle of the social function of property and the company, as well as to comprehend the role of corporate governance in this area.