THE ABUSE OF ECONOMIC POWER BY THE STATE IN VIOLATION OF THE CONSTITUTIONAL PRINCIPLES OF FREE ENTERPRISE AND FREE COMPETITION: THE CORREIOS CASE – ADPF 46

Abstract

There is consensus regarding the desirability of the State providing public services. However, the tone is different when the state entity encroaches upon the proper field of economics, performing strictly economic activities in a deficit-ridden manner, at high costs, without considering the collective interest, generating abuse of power and selfish accumulation of wealth by its owner to the detriment of the private sector, which has long been the one that best performs such activities, regulating the market, producing jobs, generating income, wealth and taxes. This work will explore historical, political, social, legal and economic factors in order to prove the non-existence, in the new constitutional order, of the monopoly of postal services in the hands of the Post Office, revealing that the regulatory, supervisory and sanctioning function (Regulatory State) is better suited to the administration, with private entities, due to technological, material and personal factors, being responsible for carrying out postal activities, as occurs in developed countries.