Redes de contratos e governança de redes: estudo de caso no agronegócio

Abstract

This research analyzes the network of contracts and governance mechanisms in the animal protein manufacturer sector in the southern region of Brazil. The network of contracts which is the subject of this analysis has distinct and complex characteristics, different from classical contractual theory where the contract is an isolated instrument, serving only to formalize the relationship. Network contracts are based on relationships of trust, good faith, business motivation, structures, and processes. Based on this, we will analyze the network of contracts that make up the case study, identifying its contracts, its network governance system, and the opportunities for improving legal, operational, and organizational efficiency applicable to the case. We will analyze the economic-legal principles of contract networks, their regulatory rules, and the characteristics of contract networks, as well as the composition of the contract network in which the case study is inserted, comparing the possible contractual instruments to be adopted with current contractual models: commercial representation, distribution and rendering of services. We shall finally move on to network governance, analyzing its characteristics, structures and governance tools that can be adopted in this case, considering that an adequate governance system can bring more stability to network relations and maximize the results of the participants, monitoring and controlling the management of the network, guaranteeing collective actions and mutual support, as well as conflict resolution strategies and adequate management of network resources. A case study was carried out with a manufacturer in the area, by collecting and analyzing contracts, meeting minutes, legal opinions, other management documents and national and international literature. The conclusion of the research indicates that a network of contracts allied to a precise network governance system with management mechanisms and controls applied and at the service of the network, contributes significantly to maintaining the trust and stability of the participants as they seek to expand and consolidate their businesses.