The State and the Market: a Study to the Intuition of an Economic-Legal Ethic. ; O Estado e o Mercado: Estudo para a Intuição de uma Ética Econômico-Jurídica
The article considers boarding on the interaction between the State of Law and the market pursuant the juridical and economic analysis as an instrumental to investigate the social phenomenology, in special, referring to the reflections produced by the public agent´s action that operating the Law at the economic agent´s action in the market, detaching the effectiveness of the normative and disciplinary State´s roll. It denotes the in management of the State on the market, frequently causing ominous externalities for the fluidity of the production relations. The other hand, it points to the mistake of the minimal State in the existence of a weakened civil society in its civil and economic power, in this way, it presents a possible critic to the economic think on the juridical praxis. For in such a way, detaching the theoretical premises of defending thinkers of the juridical and economic vision as Karl Marx, Rudolph Stammler and the defenders of the economic-juridical rationality adequate to the Law and Economics (LaE) as Guido Calabresi, Ronald H. Coase and Richard A. Posner. It objectives to present delineations regarding the symbiosis between the State and the Market pointing in this way the politician-economic-juridical way of the currently occidental society. It uses the economic-legal methodology of the Economic Analysis of Law (EAL) and intends to clarify the generated economic-social effect pursuant the implement of the action in the social market and besides by the defended Social Economic Efficiency Principle (SEEP). The inquiry implies in a qualitative research, serving of the bibliographical way and legislation. The used method of boarding is the deductive and, referring to the finalities, it is an exploratory and explicative analysis. It concludes for the necessity of the State´s action on the market, with its power to discipline and normative reaching what is proposed as Legal Ethical Minimum (LEM); pursuant a responsible and ethical culture of production and consumerism capable of inclusion and to ...