Liberdade individual e limites da ação do Estado: a questão dos canudos

Abstract

This article investigates the interference of the Brazilian state in daily life, mainly taking in consideration the John Stuart Mill’s idea of liberty, which is the theoretical framework. The study of his work, exposed in the book called On Liberty, intends to demonstrate his concept of freedom and liberty, as well as analyses, after a contextualization, the recent example of a local legislation, which prohibit, according to the global tendency, the plastic straws. The purpose is to evidence that, from a development of Mill’s idea, the Brazilian state sometimes limitates the idea of individual freedom under the pretext of embodiment of public interest. Moreover, intends to prove that forbid the mentioned objects is unfair, in a view of the lack of harm arising its use.