O equilíbrio constitucional entre a livre iniciativa e a proteção ao trabalhador: limites e possibilidades na ordem econômica brasileira

Abstract

The 1988 Federal Constitution structured the Brazilian economic order based on the combination of free enterprise and the valorization of human labor, enshrining a market economy model with a strong social dimension. This constitutional choice reveals an attempt to harmonize the logic of economic efficiency with the imperatives of human dignity and social justice, recognizing that economic development cannot be dissociated from the protection of workers' fundamental rights. In this context, this dissertation analyzes the normative foundations, limits, and possibilities of the constitutional balance between free enterprise and worker protection, in light of the constitutional text, doctrine, and jurisprudence of the superior courts, especially the Supreme Federal Court and the Superior Labor Court. It also investigates the impact of contemporary transformations in the world of work – such as the flexibilization of labor laws, productive restructuring, and the incorporation of new forms of work organization – on the realization of the social rights foreseen in the 1988 Constitution. This research adopts a theoretical-dogmatic and hermeneutical approach, with a critical analysis of judicial decisions that address the tension between economic freedom and social protection. It argues that the 1988 Federal Constitution does not conceive of these principles as antagonistic, but as complementary vectors of a project for a Democratic State of Law committed to promoting national development, reducing social inequalities, and ensuring the dignity of the human person. It concludes that the realization of the 1988 constitutional project depends on building a dynamic balance between free enterprise and labor protection, capable of responding to the demands of economic competitiveness without compromising the essential core of workers' fundamental rights.