Interesse público x interesse privado no Direito Empresarial

Abstract

The public-private antinomy always aroused warmly does not contain Law, it is not different from any branch of Business Law. A prevalence of one species over another has historically been tied to the political-juridical thinking prevailing in each society, in a spatiotemporal conjuncture. As currents of Liberalism and Socialism lie at the basis of this conflict of interests. The former prioritizes private autonomy, with an appreciation of individual freedoms. Serve, therefore, of support to the private interest; a second is concerned with collective values, thinks the individual as part of a larger group, that is, a society. Here the public interest is of special interest. It is with the advent of the Social and Democratic State of Law (as opposed to the Liberal State) that it is the second chain gains strength. The State ceases to passively watch social conflicts and begins to intervene more intensely in the social environment, with the aim of securing fundamental rights and guarantees, promoting what is cheaper. Reappear a "main fort of the state". To create a social security service, it is often called the category of principles. This new legal thinking must be guaranteed. This paper aims to explain this theme a bit, also addressing subtopics of great value for a more thorough understanding of the content and scope of the objectives outlined. In addition to what is already related, it will be the effects of economic regulation in the financial market, with inputs into questions such as the 2008 global crisis and competitive fraud techniques. An analysis of the New Brazilian Antitrust Law will be carried out, and will be discussed briefly, a posteriori, on Economic Protectionism. We have no ambition to exhaust the subject, but only a space for an academic discussion with a view to the basic insertion of the readers without theme, and the formation of opinion.