SUCESSÃO DE PODER: UMA ANÁLISE JURÍDICA DA SUCESSÃO DE EMPRESA FAMILIAR

Abstract

The general objective of the research is to weave a legal analysis regarding the succession of power in the family business. For the completion of this work, the methodological procedure of bibliographic review with a qualitative approach was used, in which the consulted scientific articles, dissertations, and theses were extracted from digital repositories such as Scielo, Brazilian Library of Theses and Dissertations, OasisBR, and Scopus. Although the family business is a historically consolidated model with significant representation in the Brazilian economy, its long-term success requires overcoming specific challenges, such as the excessive centralization of decisions in the founder and resistance to professionalization. The overlap between family ties and business responsibilities makes the environment more vulnerable to conflicts, especially in scenarios of absence, death, or retirement of the founding partner. It was found that the Brazilian legal system offers robust mechanisms to regulate asset succession, such as the provisions of the Civil Code on legitimate and testamentary inheritance. However, in the realm of business succession, the practical application of these instruments highlights, in this sense, the role of succession planning and the establishment of family holdings as preventive legal and administrative strategies.