THE PREVENTION OF COMPETITIONAL IMBALANCES THROUGH STATE'S FISCAL ACTION
This study aims to develop a research on the fiscal action of the State as a tool to prevent competitive imbalances, especially by means of the Article 146-A of the 1988 Constitution. The research is justified because this innovation of the constitutional text can assume several meanings and can be applied in profuse situations, always with relevant practical implications, mainly in current socioeconomic context and according to current legal system. Thus, the approach method adopted was the deductive and the procedures methods used were historical and functionalist. It was realized a literature research on the specific object of study, together with others that involve fundamental questions to the development of this test work. Furthermore, it was analyzed the pertinent legislation to the theme, including the legislative debates preceding the legislative changes and law cases that occasionally refers to the Article 146-A of the 1988 Constitution. We conclude that any understanding of this article must be limited by the development as constitutional aim, and by constitutional principles, especially those concerning the economic order, under the penalty of unconstitutional acts. Moreover, taxation used with the specific aim of preventing imbalances competitions hardly smacks impactful effect if applied in a isolated way, to a set of strategic measures that take into account their effects on the economy is necessary, so that the competition can be as healthy as possible and gets to contribute to national development.