Post by xyz3600 on Feb 25, 2024 1:42:17 GMT -5
The end is coming: Eros Roberto Grau, retired minister of the Federal Supreme Court, in the work Why I'm Afraid of Judges , concludes that this fear consists in the interpretation (application) of the Law, in a procedure through which judges seek to do justice not infrequently despite legislation. At the end of the aforementioned book, he concludes by saying that this wave of activism, of exacerbated uses of legal principles to the detriment of what was agreed upon, will perhaps end when they begin to compromise the fluency of commercial circulation, the calculability and predictability essential to the functioning of the market [ two] . Prophetic [3] , no? Well: in April of this year, Provisional Measure 881 was adopted, through which the "Declaration of Rights of Economic Freedom" was established in Brazil.
The deadline for converting this MP into law is on the 28th. In general, defenders of its conversion believe that the "Declaration of Rights of Economic Freedom" in Brazil will unlock the Brazilian economy [4] , will give greater legal security to investments in the market, will reduce bureaucracy in business activities, in addition to creating around 4 million jobs in up to 15 years and increase GDP per capita by 0.7% per year [5] . On the other Middle East Mobile Number List hand, scholars and supporters argue that this MP is unconstitutional in several aspects — material and formal —, notably because it deals with disciplines related to consumer relations [6] (although there is express mention stating, a priori , the opposite) , in addition to allegations of mini-reform within the scope of Labor Law [7] and that there is no urgency, as stated in article 62 of the Federal Constitution, that justifies changes to the Civil Code through a provisional measure.
It is important to this study, more slowly, this message that the MP seems to want to give to the market and to legal operators , through the constitutional principles that inform the Brazilian economic order, article 170 of the Federal Constitution of 1988 [9] . A necessary caveat, even though it is not the subject of this study, is to know whether an MP can prohibit interpretations set out in the 1988 Charter. Regarding the changes, the drafters of the "MP for economic freedom", in what is important here, first stated that it is the right of every person, in compliance with the provisions of article 170 of the Charter of the Republic, to enjoy the presumption of good faith in acts practiced in the exercise of economic activity It was noted that, if there is doubt regarding the analysis of Civil, Business, Economic and Urban Law, autonomy of will will prevail, unless there is a legal provision saying the opposite.
The deadline for converting this MP into law is on the 28th. In general, defenders of its conversion believe that the "Declaration of Rights of Economic Freedom" in Brazil will unlock the Brazilian economy [4] , will give greater legal security to investments in the market, will reduce bureaucracy in business activities, in addition to creating around 4 million jobs in up to 15 years and increase GDP per capita by 0.7% per year [5] . On the other Middle East Mobile Number List hand, scholars and supporters argue that this MP is unconstitutional in several aspects — material and formal —, notably because it deals with disciplines related to consumer relations [6] (although there is express mention stating, a priori , the opposite) , in addition to allegations of mini-reform within the scope of Labor Law [7] and that there is no urgency, as stated in article 62 of the Federal Constitution, that justifies changes to the Civil Code through a provisional measure.
It is important to this study, more slowly, this message that the MP seems to want to give to the market and to legal operators , through the constitutional principles that inform the Brazilian economic order, article 170 of the Federal Constitution of 1988 [9] . A necessary caveat, even though it is not the subject of this study, is to know whether an MP can prohibit interpretations set out in the 1988 Charter. Regarding the changes, the drafters of the "MP for economic freedom", in what is important here, first stated that it is the right of every person, in compliance with the provisions of article 170 of the Charter of the Republic, to enjoy the presumption of good faith in acts practiced in the exercise of economic activity It was noted that, if there is doubt regarding the analysis of Civil, Business, Economic and Urban Law, autonomy of will will prevail, unless there is a legal provision saying the opposite.