Article now proposed will seek to analyze the exclusion of Micro and Small Businesses of the National Simple by debts. It will be reviewed at first economic , legal and social concept of the company , in order to demonstrate the significance of the business to understand the application of the social function of this . Elsewhere , the exclusion will be treated in the Micro and Small Businesses , from the aspect of social function of these and extrafiscal purpose of the National Simple, being seen as the main point , that the principle of proportionality , from the viewpoint of controls appropriateness and necessity, whether they are being properly created and interpreted , both by the legislature , as by the judiciary .