Análise econômica do regime jurídico-constitucional da empresa no direito brasileiro

Abstract

The Brazilian Constitution of 1988 addressed the legal regulation of the firm from two fundamental aspects: its economic structure, and the environment in which it operates. In the first aspect, there are the rules governing the factors of production that, once organized, constitute the business mode of operation. Therefore, the constitutional rules aimed at regulating the capital, labor, raw material and technology of the firm are highlighted and analyzed here. Under the second aspect, there are constitutional rules that organize the market environment in which the firm launches its products and services. In this aspects, this work addresses the constitutional norms that establishes the basis of free functioning of the market, such as competition and free enterprise. Meanwhile, this analysis of the firm and its regulation in the Constitution of 1988 needs to be complemented with reflections on the structure of risk in the exercise of business activity, and the legal forms of liability for this risk, embodied in the forms of business partnership most widely used.