Nicoli, Ricardo Luiz2025-12-092025-12-092025MELO, Giselle Rodrigues Barbosa de. A viabilidade Jurídico-constitucional do capitalismo humanista: A partir da função social da empresa no Brasil. Goiânia (GO), 2025. 82 f. Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2025.https://repositorio.unialfa.com.br/handle/123456789/693A country's economic and social development is essential for its inhabitants to experience full dignity. However, these circumstances are directly impacted by the interaction between the economic and regulatory systems that permeate the daily lives of businesses, employment, and the community. Thus, this research aims to answer the following question: Can Brazil, through the 1988 Federal Constitution and the current economic development model, develop humanistic capitalism (free enterprise with social justice) based on the social function of business? The general objective of this research was to analyze humanistic capitalism as an alternative to ensuring a just society through the social function of business. To this end, it was necessary to analyze the relationship between humanistic capitalism and social justice; understand the social function of business and its implications for economic development; and identify the principles of humanistic capitalism in the constitutional and economic norms of businesses. A methodological approach was adopted that combined a qualitative approach and a hypothetical-deductive method. A critical and interdisciplinary analysis of the legislation relevant to the topic was conducted, including legal and constitutional texts, case law from higher courts, and sociological and philosophical literature. This research demonstrates that the historical evolution of the Brazilian state, from patrimonialism to the democratic rule of law, consolidated a liberal-rights-based paradigm in the 1988 Constitution, according to which economic freedom is only legitimate when linked to social justice and human dignity. The analysis of the theory of humanist capitalism, proposed by Sayeg and Balera, reveals a possible synthesis between free enterprise and social responsibility. It is concluded that the 1988 Constitution, particularly through Article 170, provides sufficient legal foundations to enable humanist capitalism through the social function of businesses. However, the effectiveness of this approach faces historical, cultural, and institutional barriers stemming from Brazil's "delayed modernity," which hinder the full transition to a rightsbased model. The reconciliation of economic growth and social justice is legally possible, but it requires further development of jurisprudence, sub-constitutional regulations, and joint and committed action by the state, businesses, and organized civil society.ptDireito Constitucional EconômicoDignidade da pessoa humanaCapitalismo humanista