O direito fundamental à livre iniciativa

Abstract

The general objective of this study was to analyze fundamental rights and the principle of free enterprise, its three specific objectives were: to point out the general aspects as well as the generations of fundamental rights and the distinction between human rights and personality rights; to verify how the insertion of the principle of free initiative in the Brazilian legal system took place, its origin and historical evolution; and analyze the principle of free enterprise as a fundamental right, demonstrating the impacts and perspectives of the law of economic freedom on free enterprise. In order to achieve the objectives proposed in this research, the deductive method was used. The procedure used will be descriptive bibliographical research with a qualitative approach, through the use of works, doctrines, jurisprudence and dissertations on the subject, as well as documents, through consultations with legislation on the subject. It was concluded that free enterprise can only be understood as a constitutional principle, but also as a fundamental right closely related to the dignity of the human person, especially if the need for minimum material conditions is considered. Finally, when conflicting with other fundamental rights, active freedom can be limited by the passive status peculiar to fundamental rights, inferring the scope of their protection or the legal provisions of legislative acts or the defense or location of national statutes.