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A report is presented on the subject of: Business Law I, several related topics are discussed....

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ROWAN COLLEGE SOUTH JERSEY GLOUCESTER CAMPUS SCIENCE, TECHNOLOGY, ENGINEERING & MATHEMATICS (STEM)

BUSINESS LAW ESSAY

STUDENT: MIKE HAM

TEACHER: THOMAS ROMER

SUMMARY

This work informs and describes the growth of entrepreneurship in Brazil and in the world, as well as its origins of study and development. The profile of the entrepreneur is also observed, with unique characteristics of those who seek to assume calculated risks and expand their business opportunities; trends for those who aspire to the routine of their own business; the concept and characteristics of micro and small companies and the complementary law number 123 of December 14, 2006 that implements its National Statute. The work also reports on the government's necessary stimulus to create a business environment conducive to the growth of entrepreneurship and the creation of new companies. According to the studies carried out and recognized authors,

Keywords: Entrepreneur. Business environment. Micro and small business. INTRODUCTION Modern studies point to entrepreneurship as a growing trend throughout the world, as well as new courses and methods for developing the entrepreneurial profile in people, stimulating characteristics such as: taking calculated risks; need for independence; professional self-realization and creation of new product and service ideas through innovation. As an entrepreneur profile, one of the requirements is the need for this absolute desire to seek such independence from the challenges that exist in the business environment. More and more Brazilians seek their financial independence by opening their own businesses, generating jobs, profitability and economic development in the market. Today, we live in a time when entrepreneurship fosters ideas to become successful businesses. In the macro business environment of Brazil, it is observed that, internationally, investors see a very attractive and promising current scenario, such as the growth of the academic

community; companies of great importance on the world stage interested in using high technology in the country, in addition to Brazilian economic growth. With these conditions, the number of people interested in becoming entrepreneurs in this environment increases.

When analyzing the Brazilian microenvironment, there is an incompatibility with the rest of the world. Brazil has a favorable business culture, but not yet with the same encouragement as other countries, because according to the report created by the World Bank (Doing Business), the country has high tax burdens, regulations, procedures and unfavorable laws. Brazil still faces a complex bureaucratic process and, along with it, the lack of professional training, the promotion of tax reforms, greater incentives for innovation and the lack of flexibility in labor policies. In the country, the process of opening a company faces a large bureaucracy, which causes a delay in the process and a delay in national development, compared to the global environment where it is possible to open a company with less time, costs and documents. Due to the lack of favorable policies and information on how to start a business, many people open their own businesses irregularly, leading to a lack of tax collection, generating costs and problems only for society and the Government. However, Brazil is seeking improvements, through measures that promote business development, such as the creation of a law that unifies federal, state and municipal taxes

(SIMPLES NACIONAL), in addition to the category of individual micro-entrepreneurs (MEI)), allowing the company to open on the Internet. The simplest way for the entrepreneur to open his business is the Micro and Small Enterprise, because through a company of this size they increase their possibilities of expansion. This type of company, in Brazil, has been of great importance because they explain the growth in job creation in the country, which increases the national Gross Domestic Product (GDP).

CHAPTER I THEORETICAL FOUNDATION 1.1 CONCEPT OF ENTREPRENEURSHIP AND ENTREPRENEURSHIP PROFILES 1.1.1 Entrepreneurship Currently, the highly competitive labor market is affected by important changes. With this, innovation is presented in this context, as a healthy tool for a company, especially in times of crisis. "In fact, industrial and market structures are quite fragile. A small scratch and they disintegrate, often quickly. When that happens, all members of the industry must act. Continuing business as before is almost a guarantee of disaster and it may well doom a company to extinction. At the very least, the company will lose its leadership position and,

once lost, that leadership will hardly ever regain its position. However, a change in market or industry structure is also a important opportunity for innovation "(DRUCKER, 2003, p.104).

The market does not move linearly. Although there are trends, concepts, rules and principles may change and aspects that have not been studied or practiced before are released as a novelty. In view of this dynamic, there is a need to develop techniques to improve the market through new companies. Hence the entrepreneurship. "Entrepreneurship is a neologism derived from the free translation of the wordentrepreneurship.It is used to designate studies related to the entrepreneur, his profile, his origins, his systems of activities, his universe of activity "(DOLABELA, 2006, p.60). However, entrepreneurship is defined not only as a result of innovation, but by studying its activities and applications in the market. Dornelas (2010) defines entrepreneurship as the union and interaction of people and processes. In addition, it establishes that such interaction drives the creation of new ideas for the market. "Entrepreneurship is the participation of people and processes that, together, lead to the transformation of ideas into opportunities. And the perfect implementation of these opportunities leads to the creation of successful businesses" (DORNELAS, 2010, p.22). The success of entrepreneurship in business is directly related to the implementation of opportunities that arise from market ideas. These ideas must be worked and managed according to the evolution of the market and its trends.

In this way, entrepreneurship is seen as a consequence of the speed of the market, its changes, trends and new technologies. 1.1.2 The figure of the entrepreneur

According to Dolabela (2010), the economic "leverage" of a society is altered through innovation by the entrepreneur. In addition to innovating, the entrepreneurship process also requires exploration of resources and markets. This is done through analysisSWOT,which is an analysis of the strengths and weaknesses, as well as the perspectives of each segment and the constant updating of new trends, products and services. However, creating is not enough, you also have to be aware of what's new. And that is exactly what makes an entrepreneur an expert in diagnosing problems, finding solutions, and monitoring successful processes. "The word entrepreneur, widely used, is used to designate mainly the activities of those dedicated to the generation of wealth, either in the transformation of knowledge into products or services, in the generation of knowledge itself or in innovation in areas such as marketing, production, organization, etc. "(Dolabela, 2010, p.60). The figure of the businessman is studied by various authors, who conceptualize him as a person capable of creating, managing, organizing and controlling. It is someone capable of facing the risks offered by the market using the appropriate resources, bringing with it satisfactory changes in the evolutionary framework. According to Bulgacov (1999, p.50), an entrepreneur is a person who creates a new business against risk and uncertainty, with the purpose of achieving profits and growth, through the identification of market opportunities and the pooling of resources. necessary

to capitalize on these opportunities. . In American literature there are investigations related to the subject, in which they try to establish what the profile of the entrepreneur is. Since it is possible that the profile of the Brazilian businessman has some similarity, it is advisable to take note of its aspects. The enterprising personality turns the most insignificant condition into an exceptional opportunity. An entrepreneur is the visionary within us. The dreamer. The energy behind all human activity. The imagination that lights the fire of the future. The catalyst for change. He is a creative personality, who always deals better with the unknown, seeks the future, transforms possibilities into probabilities, chaos into harmony. He needs to exercise control and whoever lives that way, in the visionary world of the future, needs to have control over current people and events, to be able to concentrate on his dreams (GERBER 1990, p.22apudBULGACOV, 1999, p.50).

The entrepreneur is able to interact with the market in which he works and with people linked to his ideas and businesses. He understands that the market is volatile, so he seeks excellence to satisfy the needs related to the product or service he offers, according to the demand of his consumer. For Dolabela (2010), the entrepreneur is someone capable of developing a vision, but not only. You need to know how to persuade third parties, partners, employees, investors, to convince them that your vision can put everyone in a comfortable position in the future. In addition to energy and perseverance, it takes a lot of passion to build something out of nothing and move forward despite obstacles, difficulties, and often, especially when it starts, loneliness. The entrepreneur is someone who believes that he can put luck in his favor, because he understands that it is the product of hard work. There are specific characteristics that define the profile of the entrepreneurial figure. They are not hereditary characteristics, but developed based on experiences acquired through

the market vision. Such an entrepreneur also has the ability to strategically analyze the most diverse situations of risk and crisis, delegate functions and get involved in embedded projects, motivating employees through example, knowledge, discernment and boldness. Mancuso (1985, p.76) confirms that one of the characteristics that allow the entrepreneur to be successful in his business is his ability to assign tasks to other people. It becomes ineffective when you try to do everything by yourself. Delegation capacity is very important to the success of the company and goes against the entrepreneur's natural tendency to centralize. Halloran (1992 apud PALMEIRA, 1997) presents a questionnaire to assess the characteristics that people may have and if they are potential entrepreneurs. However, for Bulgavoc (1999, p.54), the questionnaire proves to be simplistic, in most cases reality does not prove the verdict of the questionnaire, since many people may not be efficient in the test and be competent entrepreneurs and successful in life. real. Bulgacov (1999) goes further, as he states that the Halloran (1992) questionnaire is a theory that is not always consistent with existing market practice. It also points out that an entrepreneur may not have the characteristics presented by the questionnaire, but he has extensive knowledge of the market in which he operates and knows how to identify the needs of his consumer. This knowledge can lead you to a profitable and growing company. Kuriloff, Hemphill & Cloud (1993, p.22 apud PALMEIRA, 1997) mention other characteristics that denote entrepreneurs: commitment to tasks, choice of moderate risks, ability to identify opportunities, objectivity, need tofeedback, optimism about difficult situations. , respectful attitude towards money, taken as an indication of success and not as an end in itself and proactive management. There are some unique characteristics that define the figure and profile of the entrepreneur. Among these we can mention: risk decisions, commitment to the execution of tasks and good monetary management skills, business characteristics necessary to maintain and develop a business. Degen (1989, p. 10) emphasizes that being an entrepreneur means doing new things, putting your own ideas into practice. Personality and behavioral characteristics hard to find. To confirm this, the author quotes David McClelland, who in his research on psychological aspects, states that people can be divided into two large groups: a) a minority that, when faced with an opportunity, is willing to work hard to achieve something, and b) a majority that doesn't really care that much. In this way, hard-working people stand out because, regardless of their activities, they make things happen. Finding difficulties in the right opportunity to develop an active market and making adversity an open condition for generating new ideas are unique characteristics of the entrepreneur. However, the entrepreneur must have self-control so as not to take unnecessary risks, placing the company in a possible crisis situation. On the other hand, it is not enough that there is motivation to undertake. It is necessary for the entrepreneur to know ways to analyze the business, the market and himself in

order to pursue success with firm steps and to know how to put luck in his favor (DOLABELA, 2008, p.29). Willingness to take risks is necessary for those who want to succeed. The ability to overcome obstacles and find development opportunities in them is consistent with the profile of the entrepreneur. However, not everyone is willing to take risks. Many need a regulated life, at certain times, a guaranteed salary at the end of the month, etc. This type of person does not have the characteristics of an entrepreneur. The entrepreneur, by definition, has to take risks and his success lies in his ability to live with them and survive. Risks are part of any activity and you must learn to manage them. The entrepreneur is not successful in his business because he suffers setbacks, but because he does not know how to overcome them (DEGEN, 1989, p.11). Living with risks and knowing how to manage them, the entrepreneur can better adapt their creation and the exploitation of resources, providing innovation that leads to economic development. The Entrepreneur is one who destroys the existing economic order by introducing new products and services, by creating new forms of organization, or by exploring new resources and materials (SCHUMPTER, 1949apudDORNELAS, 2008). The entrepreneur's need for satisfaction transforms their curiosity into knowledge, optimizing opportunities throughout the business to maximize profits. According to Schumpter (1949 apud DOLABELA, 2008), the entrepreneur is an excellent identifier of opportunities, being a curious individual and attentive to information, since he knows that his possibilities improve when his knowledge increases. However, added knowledge leads to a position of security, which drives success. When such knowledge is associated with moderate risk, it becomes the link between success and ideas. Without it, information does not become a market creation and ideas are not distributed or optimized, remaining only as dreams. The entrepreneur manages to align his dreams with his curiosities and places opportunities as a source of wealth generation, interacting with society and offering quality products or services, turning capital and the market to grow. 1.1.3 Entrepreneurship in the world Dornelas (2008) cites entrepreneurship as a link to success not only for the entrepreneur, but also for the society in which he lives and for the government that governs it. With the support of the government through the financing of new projects, incentives for microentrepreneurs, conventions, integration and support centers, the entrepreneurial spirit multiplies and can help export or import, reduce unemployment, train people and improve bureaucratic processes, that is, it is the investment capital of the government that generates the direct return.

Entrepreneurship is the fuel for economic growth, job creation and prosperity (DOLABELA, 2008). According to Dolabela (2008), without entrepreneurship, economic growth remains stagnant and the unemployment rate does not tend to decrease, that is, it becomes a tool for the socioeconomic construction of the government in favor of its state. This construction cannot occur without an economic and cultural incentive that spreads knowledge among people. The study on entrepreneurship is recent, but has not stopped evolving since its inception. Over the years, nations seeking social, cultural, and economic growth provide community members with more courses to foster entrepreneurship, as well as articles and scientific conferences. The evolution of courses focused on entrepreneurship development in renowned schools are also peculiarities of countries that focus on training entrepreneurs. The first reported courses and conferences focused more on small businesses than entrepreneurship. In 1947, Harvard Business School created a course on small business management. In 1953 Peter Drucker organized a course on entrepreneurship and innovation at New York University. But they were only pioneering activities. It would be a long time before entrepreneurship courses were offered by business administration faculties. In 1948, in Switzerland, the University of St. Gallen, still today one of the most famous in the world, held the first conference on small business and its problems. The ICSB (International Council for Small Business), the largest association focused on entrepreneurship research, appeared in 1956, With the evolution of courses and conferences on innovation, entrepreneurship and small business management, universities have stood out in these areas as renowned educational institutions. In this way, the local population benefited through the educational stimulus with the support of the government. Dolabela (2008) mentions not only the United States as pioneers in entrepreneurship courses, but also other nations that have sought excellence in the market. Business education has spread and grown. In the United States, the number of universities offering courses in the area has increased from 10 in 1967 to 1064 in 1998. There are 27 scientific journals on the subject, 10 outside the United States. Globally, the number of companies that appear each year is growing and impressive, while large companies are declining. The figures presented by MSMEs (micro, small and medium-sized companies) throughout the planet reflect their importance: high participation in GDP, great job creation, innovation and technology. In Russia and in the countries of the former socialist bloc, there is a true fever of entrepreneurship in which the experience of the West is intensely sought (DOLABELA, 2008, p.38) Investing in entrepreneurship education stimulates innovation and economic growth, in addition to training people capable of finding in the market the development opportunities necessary for local entrepreneurship. Today, the vision of Schumpeter (1934) has become predominant: the entrepreneur as the engine of the economy, the agent of innovation and change, capable of driving economic

growth. This is very important, because it means the belief that communities, through business activity, can take the initiative to lead and coordinate efforts towards their own economic growth. It is believed that it is possible to change the curve of economic and social stagnation by inducing innovative activities capable of adding economic and social values (DOLABELA, 2008, p.39). The State has the responsibility of spreading the entrepreneurial culture to its community, if it seeks to raise local development standards in sectors such as the economy, employment and culture, providing the necessary conditions for the growth and expansion of entrepreneurship.

Sustainable economic growth is a consequence of the degree of entrepreneurship of a community. The favorable environmental conditions for development need entrepreneurs who take advantage of them and who, through ...