Banca de QUALIFICAÇÃO: GIULLIANA NIEDERAUER FLORES SEVERO DE MORAIS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : GIULLIANA NIEDERAUER FLORES SEVERO DE MORAIS
DATE: 15/12/2021
TIME: 09:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

Principle of Subsidiarity and the Regulatory Impact Analysis in the Economic Freedom Law 

KEY WORDS:

Economic Regulation. Economic Freedom Act. Principle of Subsidiarity. State intervention on the exercise of economic activities. Regulatory Impact Analysis. 

PAGES: 91
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The brasilian Economic Freedom Law 13.874/2019, structured a normative system of fundamental rights and guarantees of economic freedom, constituting as one of its core commands the principle of subsidiarity, provided for in article 2, item III. The principled norm contains an optimization command in the sense of reaching an ideal state of absolute respect for free economic initiative, reserving the State the possibility of exercising its regulatory normative function only in a subsidiary and exceptional situations. By their very nature, legal principles are norms that aim at an ideal state of affairs, without directly describing social behavior. It is for this reason that the scientific challenge is to identify its normative content and the consequences of its command. Therefore, the problem question abou tis: is there a normative content for the principle of subsidiarity provided for in the Economic Freedom Law, and, if so, what is its normative consequence? In this sense, the general objective of the research is to investigate the principle of subsidiarity in State intervention in the exercise of economic activities, and how this becomes a limit for the regulatory State. From this, it was concluded that the normative content of the principle of subsidiarity is outlined under the focus of individual freedom and unfolds on two sides: the passive, expressed by the fundamental guarantee of free enterprise, establishing a negative limit for the State in the exercise of its regulatory power; the active one, which consists in the obligation for the State to intervene in the economic order, when there are insurmountable distortions by economic agents. By virtue of principle, therefore, the State is only entitled to intervene in the exercise of economic activities when the market failure is unavoidable by the agents themselves, with the normative consequence of state action through the adoption of regulatory practices, such as the analysis regulatory impact, provided for in article 5 of the Law Economic Freedom, with a view to minimizing the possible negative effects of the intervention. The methodology adopted for the the investigation was supported by the logical-deductive approach, and as for the research techniques, bibliographic and documentary species were used, based on the study of doctrinal and legislative sources 

BANKING MEMBERS:
Presidente - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO
Interno - 2199638 - VLADIMIR DA ROCHA FRANCA