O capitalismo humanista e o art. 170 da Constituição Federal de 1988: possibilidade legal e vontade jurídica

Abstract

Article 170 of the Federal Constitution can be translated as the matrix rule of the Brazilian economic order. It should, therefore, to the extent that it is enshrined in the Constitution, govern public policies to be adopted by the Federal Government. In this context of our constitutional legal system, notable for the primacy of Human Rights, Humanist Capitalism emerges: more than a modern and fraternal economic theory, it is an effective approach to the respectful and dignified policy to which the Brazilian nation is entitled. PEC 383/2014 is being processed in the National Congress, whose objective is the insertion of Humanist Capitalism in the caput of the aforementioned article 170. The PEC 383/2014 also aims to add item X in the same article 170 of the Magna Carta with the following wording: "observance of Human Rights". The constitutionalisation of Humanist Capitalism is of paramount importance to the fate of Brazilian society, also honouring constitutional ideals and principles. The present study also highlights that Humanist Capitalism has been applied in decisions handed down by the Judiciary, encouraging, consequently, the judicialisation of the thesis by Brazilian citizens