Afonso, Túlio Augusto Tayano2025-10-282025-10-282025OLIVEIRA, Sueli Sales de. O princípio da ordem econômica e as microempresas e empresas de pequeno porte: limites do tratamento diferenciado e favorecido frente à proteção dos trabalhadores. Goiânia (GO), 2025. 112 f. Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2025.http://repositorio.unialfa.com.br/handle/123456789/672The economic order established by the Federal Constitution of 1988 is structured upon the appreciation of free enterprise, guided by the principles set forth in Article 170, among which stand out the dignity of the human person, the social function of property, free competition, tax equality, and the pursuit of full employment. State intervention in this domain, of an exceptional nature, finds its limits in the very Political Charter. In this context, the present study aims to analyze the constitutional limits of the favorable, simplified, and differentiated legal-constitutional treatment granted to micro and small enterprises, as provided in item IX of Article 170 and in Article 179 of the Federal Constitution, with special attention to obligations related to labor legislation. The research assumes that, although it is legitimate to adopt incentive and tax relief measures aimed at enterprises of this scale, such benefits cannot and should not compromise the essential core of labor rights, recognized by the Constitution as fundamental guarantees. The analysis therefore focuses on the need to balance the encouragement of economic development with the protection of workers’ dignity, considering that workers remain the most vulnerable party in the productive relationship and that respect for their rights is an indispensable condition for companies to fulfill their social function. The relevance of the topic stems from the observation that the Brazilian legal system already contemplates mechanisms of simplification and fiscal, social security, and credit incentives, but in the labor field, flexibilization faces stricter constitutional barriers. Furthermore, the importance of micro and small enterprises for the country’s economic and social development is highlighted, especially due to their significant contribution to job creation, innovation, income generation, and the strengthening of local economies. Methodologically, the research adopts the hypothetical-deductive method, starting from the formulation of a research problem and subsequently testing the hypothesis through normative and doctrinal analysis. The approach is qualitative, based on bibliographical and documentary review, involving books, scientific articles, legislation, court decisions, databases of theses and dissertations, as well as draft bills. The analysis of the collected materials allowed the delimitation of the legal and constitutional contours governing the favorable treatment granted to small enterprises, as well as a reflection on the possibilities and limits of administrative relief, without compromising the effectiveness of workers’ fundamental rights.ptTratamento jurídico-constitucionalDireitos trabalhistasEmpresas de pequeno porte