O PRAGMATISMO JURÍDICO DE RICHARD POSNER NA ARBITRAGEM SOCIETÁRIA E A LÓGICA ECONÔMICA

This article studies the conflict between private autonomy and the majority principle based on the theoretical framework of Richard Posner's pragmatic philosophy of law, specifically the subjective scope of the arbitration clause in the bylaws of corporations. Based on the approach of legal pragmatism, the objective is to analyze the situation of shareholders who did not consent to the arbitration clause. Posner's pragmatic philosophy of law is studied, raising questions about whether the rule of art. 136-A of Law No. 6,404/78 really offers an efficient and adequate solution in legal and economic terms and whether the imposition of the will of the majority, by a qualified quorum, for the inclusion of the arbitration clause in the bylaws is or is not a legitimate intervention in the sphere of individual freedom of shareholders who did not consent to arbitration.