Constitution

The expression ' ' to intervine when necessrio' ' , typical and mstica flag of the neoliberalismo, fell in disuse, if it is that one day was used to reach the considered objectives. If the maneuverers of the executive locomotive badly know to conjugate the verb ' ' intervir' ' , qui will know to search the extension of ' ' necessrio' '. It is certain that the magnanimous devices corroborate so that the State intervenes, minimum, are clearly, in the economic order. But it is certain, also, that the half interpretativos, such as the analogy and the teleologia, are tracks that can lead this Maria Smoke for diverse ways, to the bel pleasure of the conductors. To operate to the light of article 173 of the Constitution is to have the assent to act its proper prerogatives in accordance with, a time that is not easy to tipificar what he would be ' ' excellent interest coletivo' ' , of the caption of the related article, which is: ' ' Excepted the cases foreseen in this Constitution, the direct exploration of economic activity for the State alone it will be allowed when necessary to the imperatives of the national security or the excellent collective interest, as defined in lei.' ' The interpretation, or better, the interpreter makes the party! Because not to collect in face of the project? Because not to collect in virtue of the improvement of project B? However, they are taxes to be able to accomplish what it is foreseen in the Constitution. However, it is an interference that objective to satisfy the excellent interest collective.

The image, presented as study object, is the sketch of the extremities of the intervention of the State in the economy. In the one, interference in the private economy it is so great that the suplication for an end is more than what ftica. In another one, the interference is so favorable that not awaken concerns. Attempting against it the paragraph 4, of the very same article, we verify that: ' ' The law will restrain the abuse of the economic power that it aims at to the domination of the markets, the elimination of the competition and the arbitrary increase of lucros.' ' To arrive at the conclusion of that the intervention of the State in the economy alone has solid endorsement when this to objectify the levelling of the Market so is complicated?