As empresas da república: uma abordagem crítica acerca do atual modelo de criação das empresas estatais

Abstract

The following study tries to analyze the 1988 Federal Constitution, with respect to the model of creating state enterprises sculptured in Article 173 of Title VII - "THE FINANCIAL AND ECONOMIC ORDER", tending to be more specifically, the proposed exclusion State of the exploitation of economic activity in the strict sense brought about by constitutional text, since this letter fits more to the private sector, leaving the Government to get involved here, only in the case of extraordinary situations to take care of the imperatives of national security and meet the relevant collective interests, the particular occasions on which there is more effective to express interest, because what the moves are in the economic situations in which this is profit, while the harvest of the two hypotheses mentioned, it is to prevail the public interest. To develop this work, deserves the process of origin and development of the Brazilian Economic Order, aimed at, first, support the conclusions arising from the study. Mister, for a thorough understanding of the subject, the initial layout of the molds in which they gave the Brazilian industrialization, after what appears to be a timely foray into Title VII of the Charter Policy 1988, which consists of the analysis of the coexistence of liberal values interventionist and constitutional within this sector. To this end, the approach can not make constant mention of this branch of law principles, as well as the manner in which state intervention takes place in the economic domain.