Post by xyz3700 on Feb 27, 2024 3:54:53 GMT -6
Economic activity is aimed at producing goods. Goods are intended to meet human needs. Therefore, economic activity is finalistic. The product of economic activity is what justifies it. Certain economic products can produce harm. In this case, they are either illegal or controlled. Economic activity, therefore, is not free, but ordered . Article 170 of the Constitution of the Republic deals with the economic order. The purpose of economic activity is to ensure a dignified existence for everyone (in accordance with the dictates of social justice ), since the dignity of the human person is a foundation of the Republic (article 1, III). In order to develop according to its purpose, economic activity is ordered according to principles, including private property and free competition.
The combination of these two principles could generate free, but disorderly, economic activity, without commitment to the purpose of producing a dignified existence for all and social justice. Therefore, each of those principles must be balanced with two others: the social function of property and consumer protection. The consumer is homo economicus , the recipient of economic activity. He is the one who must have a dignified Chinese Malaysia Phone Number List existence. Therefore, free initiative, which generates economic activity, is not, in itself, a foundation of the Republic, but rather its social effects (article 1, IV). In the renowned expression of Eros Grau, “free initiative is not taken, as the foundation of the Federative Republic of Brazil, as an individualistic expression, but rather in terms of its socially valuable expression”. Free enterprise must serve the useful effects of economic activity.
When it is said, therefore, that economic activity must be free , what one wants (or should want) to mean is that it must be, desirably, free from major constraints — which in no way interferes (nor can it interfere) with its purposes, unless constitutional reform is carried out. The merit of Provisional Measure 881 (declaration of economic freedom rights) is to uncouple, in principle, economic activity from State interference that is not essential, freeing it from licenses, authorizations, registrations, registrations, permits and other similar acts such as prerequisite for its exercise. State intervention must be subsidiary (emphatically minimal and exceptional ), with the presumptions ( juris tantum ) being the freedom to exercise (not the ends — which, obviously, is not to be confused with the company's social purpose) of economic activity and the presumption of good faith (subjective) of the individual (read: entrepreneur), insofar as one must believe that the intended economic activity, even if free from bureaucratic conditions prior to its entry into operation, will not defraud the law, which is presumed known to everyone.
The combination of these two principles could generate free, but disorderly, economic activity, without commitment to the purpose of producing a dignified existence for all and social justice. Therefore, each of those principles must be balanced with two others: the social function of property and consumer protection. The consumer is homo economicus , the recipient of economic activity. He is the one who must have a dignified Chinese Malaysia Phone Number List existence. Therefore, free initiative, which generates economic activity, is not, in itself, a foundation of the Republic, but rather its social effects (article 1, IV). In the renowned expression of Eros Grau, “free initiative is not taken, as the foundation of the Federative Republic of Brazil, as an individualistic expression, but rather in terms of its socially valuable expression”. Free enterprise must serve the useful effects of economic activity.
When it is said, therefore, that economic activity must be free , what one wants (or should want) to mean is that it must be, desirably, free from major constraints — which in no way interferes (nor can it interfere) with its purposes, unless constitutional reform is carried out. The merit of Provisional Measure 881 (declaration of economic freedom rights) is to uncouple, in principle, economic activity from State interference that is not essential, freeing it from licenses, authorizations, registrations, registrations, permits and other similar acts such as prerequisite for its exercise. State intervention must be subsidiary (emphatically minimal and exceptional ), with the presumptions ( juris tantum ) being the freedom to exercise (not the ends — which, obviously, is not to be confused with the company's social purpose) of economic activity and the presumption of good faith (subjective) of the individual (read: entrepreneur), insofar as one must believe that the intended economic activity, even if free from bureaucratic conditions prior to its entry into operation, will not defraud the law, which is presumed known to everyone.