scholarly journals Fomento público e suas formas de manifestação: uma análise sob a perspectiva do direito econômico - Public development and its forms of manifestation: an analysis under the perspective of economic law

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Lucas Ramiro Vedoin
Keyword(s):  
State Intervention ◽  
The State ◽  
Economic Law ◽  
Federal Constitution ◽  
Historical Transition ◽  
Economic Function ◽  
Economic Domain

<p>Resumo:  O presente artigo tem por finalidade examinar a atividade de fomento como função econômica do Estado atribuída pela Constituição Federal de 1988, bem como os instrumentos jurídicos empregados para desempenhá-la. A partir da abordagem da transição histórica das correntes de pensamento e do consequente alargamento das funções exercidas pelo Estado em relação ao domínio econômico, será analisada a intervenção estatal indireta, também denominada de atuação sobre o domínio econômico, consistente nas funções de fiscalização, incentivo e planejamento, consoante previsão do artigo 174 da atual Carta Magna. Ganhará enfoque o estudo do fomento público e suas formas de manifestação, que serão exploradas sob o viés jurídico, com base em firmes conceitos de Direito Econômico.</p>Abstract: This article aims to examine the fomentation activity as economic function of the State attributed by the Federal Constitution of 1988, as well as the legal instruments used to perform it. From the approach of the historical transition of the currents of thought and the consequent extension of the functions exercised by the State in relation to the economic domain, the indirect state intervention, also knowed as the action under the economic domain, consisting of inspection, incentive and planning functions, according to article 174 of the current Constitution. The study will be focused on public fomentation and its various forms of manifestation, that will be explored under the legal bias, based on firm concepts of Economic Law.

scholarly journals DIRIGISMO JUDICIAL NOS CONTRATOS EDUCACIONAIS: LIMITES E CRITÉRIOS À INTERVENÇÃO ESTATAL NO PREÇO DAS MENSALIDADES ESCOLARES.

2021 ◽  
Vol 4 (4) ◽  
pp. 228-239
Author(s):  
Marcelo Farina de Medeiros
Keyword(s):  
Private Property ◽  
State Intervention ◽  
Social Function ◽  
The State ◽  
Good Faith ◽  
Judicial Activism ◽  
Free Enterprise ◽  
Federal Constitution ◽  
Deductive Method ◽  
Consumer Relationships

Since the normativeorganization supported by an analytical Federal Constitution, containing general and abstract norms that claim the judges to active participationin the realization of justice, in specifics cases, has been opened space for judicial activism. In the theoryof the contracts, the formulations of new paradigms, such as equity, good faith and social function authorizes the state intervention in privatesbusiness. Especially in the adhesion contracts, in consumer relationships. State intervention, however, have to respect constitutional principles, such warranty of free enterprise, and private property. This article, therefor, through the deductive method, aims to contribute to the considerations ofthe possibility of states intervention in privateeducationalcontracts, reconciling the capitalist model adoptedin Federal Constitution order and the guarantees inherent to with the protection of consumers, without this implying as affront to the Federal Constitutionlimits.To this is necessary to apply the techniqueof weighing constitutionalrights in conflict. The article suggests that State should not intervene in setting private prices, but to facilitatepayments.

Staatseingriff und Ökonomiefunktion / State intervention and the economic function

1978 ◽  
Vol 7 (2) ◽  
Author(s):  
Georg Vobruba
Keyword(s):  
Welfare State ◽  
Economic System ◽  
Labour Market ◽  
State Intervention ◽  
The State ◽  
The Other ◽  
Wage Labour ◽  
Economic Function ◽  
Means Of Production ◽  
The Welfare State

AbstractThe origin of the function of the Welfare State is to be explained as a reaction, firstly, to forceful social claims by the working class and, secondly, to its hereby increasing political weight which the state had to take into account for the sake of its own survival. With the adoption of social obligations, the state in capitalism enters into a specific dependence from the economic system. Since the state is not a producer, it has to acquire the necessary financial means from the economic system to function as a Welfare State. The extraction of financial means from the economic system (especially in the form of taxes) can occur all the more easily, the more smoothly the economic system itself functions. The state is, therefore ‚out of its own interests‘ dependent on the promotion of the economic system. The intervention of the Welfare State affects, on the other hand, the function of the economy. Whilst the Welfare State provides an, at least rudimentary, existence beyond the labour market and occupation, it evades the constraintive situation: wage labour or starvation, to which the non owners of the means of production were subject to under ‚classical‘ conditions, and therefore strenghtens their conflict potential. The corollary of this is that the function of the capitalist crisis to purge wage costs, can no longer unfold itself. Consequently this results in a change of the particular character of capitalist crisis and in a development, which in its tendency burdens the state with ever increasing social problems, to be solved, without enableing the state to sufficiently expand its financial margin.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

Sound-Politics in São Paulo

2019 ◽  
Author(s):  
Leonardo Cardoso
Keyword(s):  
Crime Control ◽  
State Intervention ◽  
Sao Paulo ◽  
The State ◽  
Ethnographic Study ◽  
São Paulo ◽  
Cultural Rights ◽  
Point Of Entry ◽  
Wide Range ◽  
Analytical Category

This book is an ethnographic study of controversial sounds and noise control debates in Latin America’s most populous city. It discusses the politics of collective living by following several threads linking sound-making practices to governance issues. Rather than discussing sound within a self-enclosed “cultural” field, I examine it as a point of entry for analyzing the state. At the same time, rather than portraying the state as a self-enclosed “apparatus” with seemingly inexhaustible homogeneous power, I describe it as a collection of unstable (and often contradictory) sectors, personnel, strategies, discourses, documents, and agencies. My goal is to approach sound as an analytical category that allows us to access citizenship issues. As I show, environmental noise in São Paulo has been entangled in a wide range of debates, including public health, religious intolerance, crime control, urban planning, cultural rights, and economic growth. The book’s guiding question can be summarized as follows: how do sounds enter and leave the sphere of state control? I answer this question by examining a multifaceted process I define as “sound-politics.” The term refers to sounds as objects that are susceptible to state intervention through specific regulatory, disciplinary, and punishment mechanisms. Both “sound” and “politics” in “sound-politics” are nouns, with the hyphen serving as a bridge that expresses the instability that each concept inserts into the other.

Standardized Education With Free Textbooks

2020 ◽  
Author(s):  
Eugenia Roldán Vera ◽  
Susana Quintanilla
Keyword(s):  
Historical Context ◽  
Previous History ◽  
State Intervention ◽  
Teaching Quality ◽  
The State ◽  
Educational Reforms ◽  
Social Equality ◽  
Production And Distribution ◽  
History Of

The Mexican policy of state provision of standardized textbooks for all was instituted in 1959 and still ongoing. This is an overview of the previous history of state intervention in the production and distribution of school textbooks, an examination of the particular circumstances in which the 1959 policy was figured and implemented, and a description of the characteristics of the different generations of textbooks that have since been published, corresponding with several educational reforms. The arguments for and against standardized textbooks mobilized by different sectors of society throughout sixty years are discussed in their historical context. Far from this being a debate about the authoritarian intervention of the state in education, issues of social equality and teaching quality have been central.

scholarly journals Neoliberal State Intervention and the Power of Community in Urban Regeneration: An Empirical Study of Three Village Redevelopment Projects in Guangzhou, China

2021 ◽  
pp. 0739456X2199466
Author(s):  
Siu Wai Wong ◽  
Xingguang Chen ◽  
Bo-sin Tang ◽  
Jinlong Liu
Keyword(s):  
Empirical Study ◽  
Urban Governance ◽  
Local Governance ◽  
Community Building ◽  
Field Research ◽  
Urban Regeneration ◽  
State Intervention ◽  
The State ◽  
Village Communities ◽  
The City

A key theme in urban governance research is how neoliberalism reshapes the state–society relationship. Our study on Guangzhou, where urban regeneration through massive redevelopment of “villages-in-the-city” uncovered interactions between the state, market, and community in local governance, contributes to this debate. Based on intensive field research to analyze three projects, we find that what really controls neoliberal growth in China is not simply the authoritarian tradition of the socialist state but also the power of the indigenous village communities. Our findings suggest that state intervention for community building is vital for rebalancing power relations between the state, market, and community.

Constructing Images of Deviance: A Look at State Intervention into the Problem of Wife-Battery

1983 ◽  
Vol 31 (1_suppl) ◽  
pp. 60-76
Author(s):  
Patricia A. Morgan
Keyword(s):  
Social Problem ◽  
State Intervention ◽  
The United States ◽  
The State ◽  
Structural Position ◽  
Wife Battering ◽  
The Social ◽  
Class Context ◽  
Definition Of ◽  
The Cost

Patricia Morgan's paper describes what happens when the state intervenes in the social problem of wife-battering. Her analysis refers to the United States, but there are clear implications for other countries, including Britain. The author argues that the state, through its social problem apparatus, manages the image of the problem by a process of bureaucratization, professionalization and individualization. This serves to narrow the definition of the problem, and to depoliticize it by removing it from its class context and viewing it in terms of individual pathology rather than structure. Thus refuges were initially run by small feminist collectives which had a dual objective of providing a service and promoting among the women an understanding of their structural position in society. The need for funds forced the groups to turn to the state for financial aid. This was given, but at the cost to the refuges of losing their political aims. Many refuges became larger, much more service-orientated and more diversified in providing therapy for the batterers and dealing with other problems such as alcoholism and drug abuse. This transformed not only the refuges but also the image of the problem of wife-battering.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

Symposium on the State and Economic Development

1990 ◽  
Vol 4 (3) ◽  
pp. 3-7 ◽  
Author(s):  
Pranab Bardhan
Keyword(s):  
Economic Development ◽  
Latin American ◽  
State Intervention ◽  
The State ◽  
Market Mechanism ◽  
State Action ◽  
South Korean ◽  
American Experience ◽  
Advantages And Disadvantages ◽  
Role Of The State

The role of the state in economic development is one of the oldest topics in economics, yet controversies rage with similar passion and camps are divided on lines today broadly similar to the early writings. Though the authors of the papers in this symposium present different views, they all refuse to pose the question as a simple choice between the market mechanism and state intervention. Larry Westphal and Albert Fishlow evaluate the South Korean and the Latin American experience, respectively, in their essential complexity. Mrinal Datta-Chaudhuri draws upon a comparative study of the Indian and East Asian cases to bring out the contradictions and complementaries in the relationship between the state and the economy. Anne Krueger's paper reflects on how the comparative advantages and disadvantages of state action flow from its organizational and incentive characteristics.

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