M. F. de Castro and D. K. Fontes just published a paper (“Some New Ideas on the Role of Legal Analysis Applied to the Regulation of Telecommunications Services in Brazil”) in the Journal of Law and Regulation / Revista de Direito Setorial e Regulatório Vol 2, No 1 (2016). The journal is published by the University of Brasilia School of Law Center on Law and Regulation (link).
The paper describes new ideas and analytical approaches by which public policies can be analized and reformed with the aid of law.
The abstract of the paper reads:
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.
The paper is available online (see here).
The authors have benefitted from discussions with the members of the Law, Economy and Society Group (LESG) of the Law School of the University of Brasília. LESG members are convinced that legal culture in Brazil has to abandon attachment to legal formalism and embrace styles of analysis by which lawyers and judges can more aptly confront challenges deriving from economic and technological processes that may either propel or hinder social and economic development. The paper will certainly be of interest to readers that share this view.