Post by account_disabled on Jan 25, 2024 7:41:58 GMT 2
Horizontal and vertical effectiveness [8] , including with regard to the interpretation of treaties that affect consumer protection. Furthermore, consumer law is also a principle of the economic order, whose objective is to establish an economic model that strives for market freedom with certain state intervention [9] , in order to guide society towards achieving social justice (article 3 of CF/88). After all, this is a founding precept of the economic order, which is externalized by a series of principles provided for in article 170 of the Constitution, which are understood as guiding commands for the conduct of economic agents and are reflected in the economic policies implemented by the State, so as not to see the constitutional text emptied [10] .
Among these principles is "consumer Buy Phone Number List protection", specifically in article 170, item V, with the State being responsible for carrying out acts or enacting measures that not only restrict, condition or suppress private initiative, but also promote specific conduct, in order to guarantee it [11] . In this scope, it can be said that all rules inserted within the economic order chapter must be guided by this principle, after all, the consumer is the link between the market and the economy, without which economic activity cannot develop [ 12 ] . If at first it can be concluded from reading the menu that the STF made a restrictive reading of the 1988 Charter itself, to the detriment of consumer protection, based only on article 178 of the Federal Constitution.
It is important to remember that if the Federal Constitution is a unity of values, a harmonious and dialogued reading should be carried out between the various constitutional prescriptions [13] , especially with regard to the immutable clauses — such as article 5, item XXXII —, which, it is important to remember, are protected from the action and deliberation of the derived constituent power (article 60, paragraph 4) as they have the power to “ensure the integrity of the Constitution, preventing possible reforms from causing destruction, weakening or implying profound change of identity” [14] . Therefore, if a simple modification is not plausible to the legislator, it would not be “alterable” by the Judiciary, especially when carrying out a reading restricted to a single provision of the constitutional text or by any other entity of the public power — and not even in legal relations between individuals, given that fundamental rights in Brazilian Law produce immediate and unrestricted effectiveness.
Among these principles is "consumer Buy Phone Number List protection", specifically in article 170, item V, with the State being responsible for carrying out acts or enacting measures that not only restrict, condition or suppress private initiative, but also promote specific conduct, in order to guarantee it [11] . In this scope, it can be said that all rules inserted within the economic order chapter must be guided by this principle, after all, the consumer is the link between the market and the economy, without which economic activity cannot develop [ 12 ] . If at first it can be concluded from reading the menu that the STF made a restrictive reading of the 1988 Charter itself, to the detriment of consumer protection, based only on article 178 of the Federal Constitution.
It is important to remember that if the Federal Constitution is a unity of values, a harmonious and dialogued reading should be carried out between the various constitutional prescriptions [13] , especially with regard to the immutable clauses — such as article 5, item XXXII —, which, it is important to remember, are protected from the action and deliberation of the derived constituent power (article 60, paragraph 4) as they have the power to “ensure the integrity of the Constitution, preventing possible reforms from causing destruction, weakening or implying profound change of identity” [14] . Therefore, if a simple modification is not plausible to the legislator, it would not be “alterable” by the Judiciary, especially when carrying out a reading restricted to a single provision of the constitutional text or by any other entity of the public power — and not even in legal relations between individuals, given that fundamental rights in Brazilian Law produce immediate and unrestricted effectiveness.