Economic Development and the Legal Foundations of Regulation in Brazil

Castro, Marcus Faro de

doi:10.1515/ldr-2013-0003

Cited by 4 publications

(3 citation statements)

References 3 publications

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“…Cf. Castro (2013) and Coutinho (2013). See also Bucci (2009 in 17 th and 18 th century legal thought and is based on natural law philosophy as a prominent line of metaphysical speculation.…”

Section: Legal Rightsmentioning

confidence: 99%

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Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Castro¹,

Fontes²

2016

Rev. Dir. Est. e Telecomunicacoes

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Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD) approach and the Legal Analysis of Economic Policy (LAEP) perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

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Section: Legal Rightsmentioning

confidence: 99%

“…14 Similar transitions occurred in other Latin American countries. SeeRhodes (2006).15 SeeCastro (2013).…”

mentioning

confidence: 99%

Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Castro¹,

Fontes²

2016

Rev. Dir. Est. e Telecomunicacoes

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“…Essas políticas eram apoiadas, no entanto, em outros referenciais jurídicos. No caso do Brasil, como aponta Marcus Faro de Castro, as reformas em programas de governo correspondentes ao Estado desenvolvimentista -ou seja, até o final da década de 1980 -encontraram apoio em doutrinas do direito administrativo (Castro, 2013;Castro, 2014a, p. 35). De todo modo, o primeiro momento de direito e desenvolvimento abriga as estratégias do Estado desenvolvimentista, ao postular o modelo "de uma economia de mercado regulada em que o Estado desempenhava um papel ativo, não apenas por formas variadas de planejamento e política industrial, mas também pela propriedade das principais indústrias e utilidades."…”

Section: Novo Direito E Desenvolvimentounclassified

Direito, política econômica e globalização : formação de um debate

Ferreira¹

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Several international economic orders have existed from the 19th century to the present moment. They have been promoted, justified and challenged by multiple intellectual materials. The main focus of the present doctoral dissertation is the discussion of the frames of reference built upon these materials and used to shape practices of international economic cooperation. Recently, the 2007-8 global crisis and ensuing mass protests have stirred discontent with -and brought to light inadequacies in -the orthodox economic conceptual system. During the three decades in which it enjoyed lofty prestige, this set of ideas backed up a model of international cooperation oriented to foster global expansion of financial markets and widespread adoption of domestic institutions amenable to market growth and dynamism. Yet, the critical juncture formed by recent events has rekindled interest in alternative conceptions and aroused a debate on possible orders. Hence the objective of the present work: to identify and describe the main legal and economic ideas linked to varied conceptions of development, which have formed frames of reference used to structure practices of international economic cooperation, up to the end of first decade of the 21st century, when different kinds of cooperation projects started to be discussed. Thus, regarding legal ideas about international relations, the work covers the frames of reference comprised by (i) classic international law; (ii) fragmented international law and (iii) global governance. With respect to economic ideas, the discussion encompasses (i) classic economic liberalism; (ii) embedded liberalism; (iii) neoliberalism and (iv) new heterodox perspectives on development economics. Given this intellectual background of legal and economic ideas, the doctoral dissertation explores the extant interdisciplinary debate on law and development, comprised by approaches markedly different from standard legal discourse in Brazil, which still relies on 19th-century legal categories thereby hampering the ability of legal analysis to provide guidance to policy formation, implementation and reform. Such more recent debate is comprised of perspectives with different projects of regulatory and international economic cooperation: Economic Analysis of Law (EAL); Law & Finance; New Law and Development (NLD) and Legal Analysis of Economic Policy (LAEP). Based on the premise that ideas matter for the formation, duration and overturn of the various regulatory standards amounting to "moments" of international economic cooperation, the work advances two central propositions. The first is that the strains of the abovementioned debate modulate, in different ways, elements of the legal and economic frames of reference of international relations, together with different conceptions of development, resulting in two contrasting broader projects. On the one hand there is the currently challenged project of global institutional universalism, related to so-called "convergence thesis" or "global institutional harmonization"...

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Policy Reform with New Legal Tools: the example of the Legal Analysis of the Individual Micro-entrepreneur Program

Castro

Lima

2017

Revista Jurídica

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Economic Development and the Legal Foundations of Regulation in Brazil

Cited by 4 publications

References 3 publications

Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Direito, política econômica e globalização : formação de um debate

Policy Reform with New Legal Tools: the example of the Legal Analysis of the Individual Micro-entrepreneur Program

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