Preceitos liberais na constituição imperial frente á constituição cidadã de 1988: a livre iniciativa comercial

Abstract

This paper aims principally to analyze the liberal precepts in the Brazilian imperial constitution of 1824 in the view of the so said “citizen Constitution” of 1988, more specifically the free initiative in analyses in this paper. It will also be credited to this paper an analyses of the constitutional limitation of the State’s power, aiming to make a liberal point of view of this theme, having as prime point of perspective the classical liberalism with its origins to this work in the modern constitutionalism and in particularly the English constitutionalism. Beyond having as a theoretical reference the distinguished theorist and creator of the political economy, Adam Smith, we will use him to demonstrate to what purpose the economic liberalism intend to aim and what are its foundations. With that being told, we shall go to comparative analyses of the two Constitutions and, so that it can be clarified to the reader of this work, and that we can have a solid conclusion, what were the advances that marked this specific liberal precept, verbi gratia, the free initiative on the evolution process of these to Constitutions.