Revista Red

←REVISTA ELECTRÓNICA DE DIREITO

The improvement of human labour dignity in recent economic order interventions promoted by the Brazilian government

Renato Lovato Neto / Lourival Oliveira
State interventions; Limits to Brazilian government interventions; Brazilian economic constitution; Human labour dignity.

Year 2017

Two of the main economic intervention tactics used by Brazilian State are regulatory power actions and public funding. Both kinds of interventions should be guided by principles contained in Article 170, Brazil Constitution – in particular, the improvement of human labour dignity and “full employment” principles. In certain cases, Brazilian State transfers to private sector obligations which in fact are constitutionally foreseen as public priorities, an onus that should be compared to social benefits arising from that public imposition. This practice increases business costs and does not always corresponds to the fulfillment of the property social function, an important constitutional and civil law principle in Brazilian Law. The Brazilian State also acts improperly in private sectors as a direct economic agent, through funding of major business conglomerates, without the potential to enrich the employment conditions, even if it is used to justify the public investments. This paper establishes the criteria of labour dignity enhancement and other constitutional Labour Law principles as main standards to verify the constitutional consistency and lawfulness of those actions, through the conceptualization of economic intervention models.