POST-CONSUMPTION REVERSE LOGISTICS AS AN EXPRESSION OF SOCIAL FUNCTION OF COMPANIES/A LOGISTICA REVERSA DO POS-CONSUMO COMO EXPRESSAO DA FUNCAO SOCIAL DA EMPRESA

The text adresses the evolution of Business Law towards a more social inclined conception, which searches for the recognition of the Social Function of companies as an effective way to mitigate detrimental consequences of business activities and its social/environmental responsibilities. The problem of adequate disposal of Solid Waste, enhanced by Planned Obsolescence is the main issue in focus, in addition to Reverse Logistics as a possible solution. The study adresses the challenges on making fundamental rights as Free Enterprise and the fundamental right to a Clean Environment compatible, in spite of their conflicts, through the concept of business Social Function. Initially, with a review of the bibliography and critical analysis, it is addressed the evolution of Business Law, with the identification of the process of companies socialization, in other words: the change of paradigm from an approach centered on economic priorities to another view, of social responsibilities of companies and their impacts on society [. The appointed solution was the use of the Proportionary Principle [P4] as a legal tool capable of solving conflicts between fundamental rights. The method used in the thematic approach was the legal dialectic, together with the technique of bibliographic research A gap between economic development and sustainability has been appointed. The Business Social Function consists on a powerful tool in making social and economic interests compatible. The paper concludes that Reverse Logistics, as a result of an enlighten of the business leadership presents itself as an environmentally adequate technique, which is able to minimize detrimental impacts of development, especially in medium, large and gigantic cities.Keywords: Cities and solid waste. Social Function. Environment. Reverse Logistics. Fundamental Rights.O trabalho aborda a evolucao do direito empresarial rumo a uma concepcao social, buscando o reconhecimento da funcao social da empresa como mecanismo habil a mitigar os efeitos nocivos decorrentes da exploracao de atividades empresariais e sua responsabilidade socioambiental. A problematica da destinacao ambientalmente correta dos residuos posconsumo acentuada pela obsolescencia programada e a tematica principal abordada, a par da logistica reversa enquanto possivel solucao. O estudo aborda o desafio da compatibilizacao e conflito entre direitos fundamentais, no caso, o direito a livre iniciativa e o direito fundamental ao meio ambiente sau