Evolução da ordem econômica no contexto político-econômico das constituições brasileiras




Presents the main approaches on the study of the state in the prism of the General Theory of the State, with emphasis on the economic approach, its evolution in time, production systems and the main economic theories used as a basis for political and governmental actions. Situates the Brazilian State from its origins highlighting the key political and economic facts complying with its existence and development. Stresses the treatment given by the various Brazilian Constitutions to the Economic Order as a reflection of historical events, the political and economic theories from the period observed. It demonstrates the existence of an economic order in the society, which is revealed and shaped by the law, but not simply reduced to it, as meant the positivism, thus justifying the changes in the constitutions to accept the Economic Order. Notes during the study, that the Charter of Law of 1824, called the Political Constitution of the Empire, faithful to the liberal ideas of the time, no words or rule brings about economic system, setting specifically in art. 178 that the only constitutional matters, are those concerning to the politician powers and political and individual rights. The Constitution of 1891, resulting from the proclamation of the Republic, also of liberal character, does not innovate in the economic system, bringing the federal states to interfere in the economic order through ordinary standards. The Constitution of 1934, abandoning the neutrality of the liberal state, incorporates concepts of the Social State and inserts for the first time in constitutional text rules about the Economic and Social Order. In the Constitution of 1937, whose greatest concern is the political control, many of the devices related to the economic order remains similar to the previous Constitution. The Constitution of 1946, the redemocratization, highlighted by the programmatic principles, of commitment to the future, which in many cases they had not observed. The Constitution of 1967, as amended by Amendment 1, 1969, keeps in relation to the economic order (and social) the same guidelines of the Constitution of 1946. The Constitution of 1988, in life, has in detail the Economic and Financial Order and is framed by foundations and principles, whose interpretation and application are being consolidated by the legal and constitutional hermeneutics refined with modern economic theories that direct the World Economic Order.


direito econômico estado ordem econômica - evolução - brasil constitutional law economical right state direito constitucional economic order - evolution

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