Intervenção direta do estado no domínio econômico: contribuição para uma delimitação das esferas pública e privada a partir da Constituição Federal Brasileira de 1988

Abstract

The Brazilian Federal Constitution of 1988, first constitutional text after the military regime in the country, is a plural text, full of meanings and ambivalences, as the result of an effort for consensus in a heterogeneous constitutional parliament in a democratically young country. The abrangency of meanings of the Chart need, thus, in order to be applied to the also plural and heterogeneous realities of an enormous country such Brazil, to be interpreted in light of these very realities, always situated and dated. In consonance, the dogmatic deduction of the legitimate sphere of state actuation in the economic dominium can only be apprehended through the balancing technique, taking into account the fact that the economic constitution embedded in the constitutional text stipulates, as the rule, the development of economic activity by the private free initiative. Under the sign of emancipation of society and free enterprise on the one hand, and of the State s obligations to ensure conditions of freedom, economic development and strategic positioning of Brazil in the geopolitical and economic world on the other, should be considered the state interventives modalities such as public services, monopolist actuation and in concurrence with private initiative, composing a frame with the conditions that legitimate the state presence in the economy, serving as a dynamic guide for the elucidation of the frontiers, always contingent, between the public and private spheres in the economic dominium.