The Standing Group of the European Consortium for Political Research (ECPR) recently held its 4th Biennial Conference on ‘New Perspectives on Regulation, Governance and Learning’, at the University of Exeter, 27-29 June 2012 (see program here). One paper presented in the conference reflects research interests of the Law, Economy and Society Group (LESG) of the University of Brasília. The paper addressed the topic of “Economic Development and the Legal Foundations of Regulation in Brazil”. See the abstract below:
Paper title: Economic Development and the Legal Foundations of Regulation in Brazil.
Abstract: Since the mid-1990s Brazil has undergone several public-sector reforms aimed at bringing the regulatory process more in line with the need to enhance economic and social development in an international environment that ecouraged the adoption of liberalized market arrangements. The paper describes the evolution of legal ideas underlying authoritative discourse used as grounds for changes in regulation and policy-making in Brazil. It examines the role of legal ideas, especially in the field of Brazilian administrative law, in the shaping of policy since the rise of enlarged administrative power in the 19th century to the emergence of the older developmentalist state in the 1930s, to pro-market reforms of the mid-1990s, to the more recent discussions influenced by the “new law and development” and the “legal analysis of economic policy” as potential new avenues for the organization of regulatory practices. A description of the contrasts between four major clusters of legal ideas is offered, covering: imported French-style legal doctrinalism in the “classical liberal” era (1850s-1930s), changes introduced by the administrative law of the “old developmentalism” (1930s-1980s), imported Anglo-Saxon legal and economic concepts of the pro-market reforms phase (1990-2008), and the legal conceptions of the more recent phase, part of which include a human-rights oriented view about the relationships between the law and the economy. The paper concludes by assessing the usefulness and practical shortcomings of each cluster of legal ideas.
Keywords: Brazil, Administrative Law, Legal Ideas, Development, Regulation, Legal Reforms, Human Rights.