Justiça social e ordem econômica: uma abordagem sobre o programa de aceleração do crescimento (PAC) como promotor do desenvolvimento nacional

Abstract

The Brazilian Federal Constitution of 1988, in the caput of art. 170, states that the economic order aims to ensure dignified existence to all, according to the dictates of social justice, clearly adopting the capitalist system, but, at the same time, not detaching its precepts with the ones of the promotion of a more equal and just society. However, what is seen in practice is a disassociation of these aims and objectives with the decisions taken by macroeconomic agents and often also by the State itself. Thus, this paper begins with a study of the historical relationship between Economics and Law in the search for a conception of what would be justice, passing from the thought of ancient authors, such as Plato and Aristotle, but also by the schools of the Middle Ages and by the capitalist ideology of Adam Smith, until reach the influential contributions of John Rawls and Amartya Sen for the discussion on the subject. Then, it discusses in more detail the “senian” conception of development as freedom, with the aim of verifying that an economic development that does not provide to the citizens the opportunity to experience greater and better opportunities for the realization of their rights cannot be considered a true development. To do so, it focuses on issues related to economic justice and to the possibility of using the Economic Analysis of Law as an instrument to achieve justice. It also analyzes some socioeconomic indicators, such as Gross Domestic Product and the Human Development Index, to demonstrate that increasing the wealth of a country does not necessarily imply a fairer distribution of income among its population neither the improvement of development factors. In the third chapter, it discusses the principles of the economic order established in art. 170 of the Constitution under a bias in accordance with the dictates of social justice, seeking to verify if they can effectively serve as an instrument to achieve the purposes that the caput prescribes. Finally, it studies the Brazilian Growth Acceleration Program – “Programa de Aceleração do Crescimento” (PAC) –, its purposes, its results and how this program can contribute as an important instrument for the promotion of Brazilian socioeconomic development, and not merely for economic growth. Hence why it will oppose the old and surpassed idea that one must grow first and just then develop.