O TENSIONAMENTO ENTRE ESTADO E ECONOMIA NO CONTEXTO DO CONSTITUCIONALISMO DEMOCRÁTICO: ANÁLISE DA FUNÇÃO REGULATÓRIA E O ATUAL ESTÁGIO JURÍDICO E ECONÔMICO DO BRASIL

This study will address the regulatory activity exercised by the State, which gained prominence in Brazil from the 1990s onwards with the emergence of regulatory agencies. Thus, it seeks to understand the relationship between the State and the economy in the context of Democratic Constitutionalism from a regulatory perspective. To this end, its historical background, the theoretical foundations that provided for its emergence and consolidation, and the current Brazilian political and economic stage will be analyzed, with emphasis on the attempt to establish limitations to regulatory activity. In this sense, a study of the Regulatory Impact Analysis will be undertaken, an instrument launched in order to rationalize the effects of regulation. Through this path, it became possible to understand, within the scope of regulatory activity, the tension between State and economy in the context of Democratic Constitutionalism.