Conflict of Interests in Mixed Economy Companies

The present study aims to address the conflict of interests in the mixed economy society. Such society has in its constitutive basis the conflict as an inherent element. For having public and private capital, it is not easy to solve the problems that arise in the course of its existence, facing the possibility that the holder of the power of control may decide on behalf of the public interest. Aiming at limiting the misuse of the public interest, as a response to the decision-making by the controlling shareholder, a paradigm shift is proposed, which aims to analyze the role of the Entrepreneurial State in the current situation of limitation of State intervention in the economy, as well as the way in which the Executive Power intervenes in the market, limiting free enterprise and bordering on unconstitutionality. In order to preserve the constitutionality of the acts, the meta-interest is presented as a means of solution.