Dignidade da pessoa humana e capitalismo humanista como fundamentos de um novo direito econômico

Abstract

This dissertation investigates how the principle of human dignity and the theory of humanist capitalism constitute normative matrices capable of reorienting the relationship between State, market, and society in times of economic globalization, the rise of corporatocracy, and environmental crisis. The work is organized into five chapters: the first examines modern capitalism, economic globalization, and the relative loss of state sovereignty in the face of transnational corporations; the second analyzes the principle of human dignity in its constitutional dimension and the formulation of the theory of humanist capitalism; the third presents practical and theoretical proposals for overcoming or mitigating the capitalist system, such as degrowth, deglobalization, ecofeminism, the rights of Mother Earth, the business and human rights movement, and the idea of a humanist world civilization; the fourth develops the discussion on the use of human dignity and humanist capitalism as hermeneutical and normative foundations in Economic Law; and, in the fifth chapter, a jurisprudential survey is conducted in two blocks: regarding the principle of human dignity, decisions of the Federal Supreme Court in the context of general repercussion are examined, endowed with binding force and broad constitutional relevance; while concerning the theory of humanist capitalism, decisions of the Superior Court of Justice, the Superior Labor Court, federal regional courts, and state courts are analyzed, in which the doctrine is mobilized as a judicial foundation. The conclusion demonstrates that human dignity and humanist capitalism are not isolated concepts but articulating axes of a new model of Economic Law, capable of reconciling freedom of enterprise with social justice, sustainability, and the protection of human rights.