Não voe perto do sol : o bem comum como fundamento para a intervenção subsidiária do estado no exercício de atividades econômicas

Abstract

The principle of subsidiarity is a parameter for state intervention, which is provided for in the constitution, and cannot be treated as an idea of application in the last instance. Of a qualitative and theoretical nature, the problem that we seek to answer throughout this research is: "is there a relation among the principle of subsidiarity, which has a dual character – at the same time, a prohibition of insufficient action and prohibition of exacerbated intervention – and the common good?". As possible answers to the research problem, there are two hypotheses raised, namely: (A) considering that the common good guides public actions, there is a relationship between the concept of common good and different aspects of the principle of subsidiarity; or, conversely, (b) while the common good guides public actions, the principle of subsidiarity and its advancement are independent of the public interest of society and the common good. The general objective of this research is to analyze the construction and evolution of the principle of subsidiarity simultaneously with the common good. The specific objectives are: (1) identify the fundamental theoretical positions concerning the common good, especially the origin of civil society and the state figure; (2) to trace the construction of the ideas that promoted a control of public intervention in the market, demonstrating the advent and evolution of the principle that seeks to limit the interventionist State; and, finally, (3) to assess whether there is a relationship between the principle of subsidiarity and the common good. The methods of approach used are deductive and systemic. The methods of procedures adopted are the historical, investigating past events and visions to verify their influence on contemporaneity, and the typological, given the comparison of complex social phenomena; Regarding the objectives, it is an explanatory and correlational research; Regarding the object, it is bibliographic-documentary. It was concluded, after careful investigation, that the common good is intrinsic to the principle of subsidiarity, considering that the basis for limiting state action on the economic sphere is precisely the common good, ensuring the realization of a relevant collective interest.