THE MAIN CHANGES PROMOTED BY THE NEW ECONOMIC FREEDOM LAW (13.874/19) IN THE CIVIL AND LABOR AREAS

Authors

  • Vanessa de Oliveira Cunha Faculdade de Ilhéus
  • Silvana Moreira de Almeida Sousa Faculdade de Ilhéus

DOI:

https://doi.org/10.51891/rease.v8i11.7803

Keywords:

Economic Freedom. State. Civil Right. Labor Law.

Abstract

This article consists of discussing the New Law of Economic Freedom, given the importance of its sanction for the Brazilian economy. Therefore, the socioeconomic scenario before the enactment of this Law is explained, highlighting the need for reforms in the State's regulation of the market, as well as the reduction of bureaucracy that facilitated judicial abuse in contracts. In this way, this work aims to clarify the impacts of the Law in question, explaining its role as a measure used to favor the re-establishment of the Brazilian economy, through a more liberal policy, which encourages new contractual executions. Ensuring the autonomy of the Legal Entity, it discusses how this Law established important principles for the proper functioning of legal relations governed by the Civil Code and by the Consolidation of Labor Laws (CLT), which are: the presumption of good faith of the individual, the subsidiary and exceptional intervention of the State on the exercise of economic activities, freedom as a guarantee in the exercise of economic activities and the recognition of the vulnerability of the individual before the State. It also discusses how this Law acts to reduce the bureaucratic burden on the creation and maintenance of companies, such as the end of the license for low-risk activities. In this sense, an analysis is presented of the main changes promoted by the aforementioned Law, in the civil and labor spheres, as well as their application and the benefits resulting from them.

Author Biographies

Vanessa de Oliveira Cunha, Faculdade de Ilhéus

Discente do curso de Direito da Faculdade de Ilhéus, Centro de Ensino Superior, Ilhéus, Bahia. 

Silvana Moreira de Almeida Sousa, Faculdade de Ilhéus

Docente do curso de Direito da Faculdade de Ilhéus, Centro de Ensino Superior, Ilhéus, Bahia. 

Published

2022-11-30

How to Cite

Cunha, V. de O. ., & Sousa, S. M. de A. . (2022). THE MAIN CHANGES PROMOTED BY THE NEW ECONOMIC FREEDOM LAW (13.874/19) IN THE CIVIL AND LABOR AREAS. Revista Ibero-Americana De Humanidades, Ciências E Educação, 8(11), 2138–2159. https://doi.org/10.51891/rease.v8i11.7803