The private property of goods of production and regulation

Abstract

This article shows a profile of the origins of private property of goods of production and the treatment offered by the state for it through the time.The realization of private property brought new forms of coexistence and transformations in the history of humanity. In the law, especially in economic law, how the economic politic treated legally that. We show too a historic portrayal about the origins and evolution of trade and industry until the formation cartels, when the largest private corporations search, with price adjustment, the increasing of their political and economic power. However, we gonna see that in the paradigm of the right's democratic state this regulates the market's economy, becoming more controlling than actor, in other words, when replace the social state by the new constitutional model of state participation, it replaces too the neoliberalism of regulamentation by neoliberalism of regulation. In the new paradigm, the practice of abuse of economic power is combated with the limitation of private autonomy and positive actions, accentuating the function of regulatory agencies for the benefit of protection of markets, consumer protection and a democratic society.