Autonomia privada e intervenção estatal na empresa: a mediação como instrumento de equilíbrio e preservação da liberdade negocial

Abstract

This article examines the tension between private autonomy and state intervention in business law, with a focus on corporate crisis. Drawing on the research project from which it originates as a theoretical framework, it deepens the analysis through the tools of Law and Economics, particularly the works of Ronald Coase, Richard Posner, Robert Cooter and Thomas Ulen, the political philosophy of Robert Nozick, and the specialized doctrine of Nilson Reis Júnior. It argues that judicial reorganization, as a model of intervention guided by social function objectives, may result both in economic inefficiency and in challenges to its legitimacy in light of a strict theory of property rights. By contrast, business mediation is presented as a superior institutional mechanism which, by reducing transaction costs, allows the parties to reach voluntary and efficient solutions that preserve contractual autonomy more robustly than an adversarial judicial process.