The Role of Constitutional Jurisdiction in the Economic Order in a Comparative Perspective

Constitutional Jurisdiction may have a great impact on various fields. In economics matters, for example, the Court might, based on constitutional norms, invalidate governmental acts, interfering in the economic dynamic of a country. As economy plays a major role within a society and its political system, it becomes fundamental to understand the aspects able to interfere on it and, being Constitutional Jurisdiction one of them, it is crucial to study their relation.
Therefore, the aim of this paper is to analyze the case law of the Supreme Court of the United States and of the Brazilian Federal Supreme Court regarding the application of constitutional economics principles — such as Free Market and Free Enterprise. This paper seeks to analyze what both Courts understand about how the government should behave when regulating economy, the economic principles that they are inclined to apply, as well as the meaning given to them and, finally, to compare the results found from both Courts.