Intervenção estatal na economia e o direito humano à alimentação adequada: uma análise sobre o papel do Estado nas políticas públicas implementadas para prevenção e combate às doenças crônicas não transmissíveis

Abstract

This research aims to analyze the legal-institutional arrangements regarding the human right to adequate food and food and nutritional security through State intervention in the economy. The elements analyzed are the public policies implemented by the government in four major themes that are essential for the prevention and fight against chronic non-communicable diseases, namely, advertising, labeling, nutrient limits and taxation, so that it can be answered if the State has been positioning itself more or less intervening in the economy to solve problems faced by the entire population at the national level. In methodological terms, the research makes a normative mapping in order to systematize the information collected on the theme from books, rules, regulations, laws, magazines, journals, among others. The theoretical substrate that guides the analysis is contained in the notions of economic law by Giovani Clark and in the concept of Philip McMichael’s Food Regimes. The main conclusion is that the Brazilian State sometimes acts as a normative regulatory intervener, determining the modus of action of the private entity, sometimes it acts as an intervener by combination, outlining its rules together with companies, now it ceases to regulate, being left to the own commercial segment the performance before the consumer. Thus, it is believed that in Brazil the government adopts a posture of intervention by hybrid model, which has been questioned by civil society.