ECONOMIC FREEDOM AND THE 1988 CONSTITUTION: DISCURSIVE COMPATIBILITY AND PRACTICAL HIERARCHIZATION OF PRINCIPLES IN THE "PEJOTIZATION"

Abstract

This article addresses Law No. 13,874/2019 in the context of the interpretative reorientation of economic and labor relations in Brazil, particularly in light of the 1988 Constitution and its normative structure grounded in the coexistence between free enterprise and the social value of labor. Its objective is to examine how the Economic Freedom Law reinforces a rationale already present in constitutional jurisprudence, aimed at valuing private autonomy, good faith, and legal certainty in contractual relations. Based on bibliographic review, documentary analysis, and examination of precedents from the Supreme Federal Court, such as ADPF 324, Theme 725, and Theme 1389 of General Repercussion, the study seeks to verify whether there is effective compatibility between constitutional principles or whether a movement toward practical hierarchization can be observed. The results indicate convergence between legislative and jurisprudential language, with a strengthening of economic freedom and a reduction in state and judicial intervention in the regulation of productive relations. It concludes that labor protection is not suppressed, but tends to operate in a more corrective than central manner, revealing a relevant interpretative shift in the balance between private autonomy and labor protection.