Planos econômicos de estabilizaçao nacional: uma análise sob o enfoque da responsabilidade extracontratual do Estado e da segurança nacional

Abstract

One of the themes of relevance nowadays refers to State liability for damage arising from economic plans. This issue involves at its core legal aspects of private law and public law, demonstrating the undeniable overcome of this dichotomy. Starting from these premises, the goal of the research is to defend that in its interventional functions of planning the government should observe carefully the economic policy to be practiced, as well as its modifications, under the risk of impairing the private sector and the community. Thus, the damage to the economic order must be a legal concern. In this sense, the purpose of the research is to rescue the history of national economic stabilization plans (Cruzado Plan, Bresser Plan, Summer Plan, Collor Plan and Real Plan) and, from these experiments, to defend the State extracontractual and objective liability in case of loss, pursuant to the Article 37, § 6 of the Federal Constitution of 1988, arising from economic plans in which the agents involved do not have freedom of choice to viable alternatives for their businesses. Among the other grounds of this liability are the arguments of legal security, confidence and good faith, which comes to govern public-private relationships. The research reveals that the private sector, acting in the economic domain, requires an environment of stability, predictability, efficiency, however, the Brazilian experiences show that in several economic plans such and environment was not found. The analysis of the stabilization plans adopted in Brazil in the period of 1986-1994 shows that mandatory interventions occurred that affected the free initiative, the free competition, the property rights, disregarding fundamental aspects of a Democratic State of Law. To achieve the proposed aims it is used the scientific-deductive method with research in the specialized doctrine.