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description Journal article public Journal of International Commercial Law and Technology

Private Law and State Paternalism: Too Much Legal Regulation of Private Life?

Carlos A. Rohrmann, Cristiane Rego
Diterbitkan 2014

Abstrak

This article analyses the adverse effect of paternalistic attitudes adopted by the State, especially the legal regulation of private life. Often, the State has adopted certain positions, especially through the issuance of rules and legal decisions in areas where Private Law and freedom of choice has prevailed, such as private contracts. Due to a protectionist position adopted by the State, legal regulation of private life has increased. The Judiciary resolves questions that arise daily in private orbit precisely because it is considered as the only social actor able to implement its own decisions. In such a way, this study seeks to analyze the possible consequences of this state altruistic posture. It is interesting to note that such a posture is authoritative at the same time, since individuals are considered eternally vulnerable and minimizes principles of Private Law. This, ultimately, could lead from a democratic system to an authoritarian one.

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