O viés econômico do direito: uma proposta de transição do comércio livre para o comércio justo através do princípio da eficiência econômica-social

Abstract

The legal sciences go beyond ethics and morality and need a broad and inclusive view, recognizing the social context in its legal and disciplinary form. In view of this, this study evaluates the possibility of using the Principle of Economic and Social Efficiency (PEES) as an explanatory theoretical matrix in the field of international trade, with a view to the ideal transition from Free Trade models to Fair Trade. The method applied was hypothetical-deductive, with bibliographic studies and research compiled from websites related to the topic. This is a qualitative and descriptive study. By analyzing international trade and the bodies that conduct it, it was observed, through the PEES, that the so-called Free Trade system, when focused only on profits, leads to a series of negative consequences, affecting those involved and those who are not directly involved. This led to the conclusion that the Fair Trade model would give a new shape to international trade, when based on law and order, providing development and improving social and environmental well-being.