The case-law of the Brazilian Federal Supreme Court regarding the principles of the economic order

A Constitution might have different impacts on the economic activity within a country. The Brazilian Constitution, for example, states in its article 170 the General Principles of the Economic Activity, which represents the concerns that the constituent power had towards the economy. In the last years, the impact of the Constitutional Jurisdiction on Brazilian society has increased greatly. Therefore, it is important to know the content of those economic principles, especially when some of them might, at first sight, seem contradictory. Free enterprise, free competition and the social function of property are the basics of the Brazilian constitutional economic order, and they must coexist, even if they seem to have opposite meanings. Consequently, this paper aims to analyze the case-law of the Brazilian Federal Supreme Court regarding the economic order, focusing mainly on the article 170 of the Constitution, while using social and economic sources complementary with the legal analyze.