New legal approaches to policy reform in Brazil

Authors

Keywords:

Legal analysis, economic development, economic policy, state activism, human rights, Brazil

Abstract

This article offers a description of recent arguments about the relations between the law and economic development in Brazil which have been conceived as congenial to a new state activism: the Public Capital Management (PCM) approach and the Legal Analysis of Economic Policy (LAEP) approach. Ideas deriving from relevant literature are discussed, as well as their proposed role in the articulation of policies that attempt to promote economic development in line with efforts to enhance the fruition of fundamental and human rights. A stylized account of works by authors engaged in the legal analysis of practices of allocation of financial resources (regulation of the commercial credit market, portfolio investment by a state-controlled development bank and the organization of a cash-transfer program) is provided. The analytical framework of the LAEP approach is also discussed, including its treatment of monetary value transmission in the context of contractual structures that organize different aspects of economic policy.

-----------------------

This article incorporates and elaborates on portions of a paper entitled “Economic Development and the Legal Foundations of Regulation in Brazil”, which I presented in the 4th Biennial ECPR Standing Group for Regulatory Governance Conference on 'New Perspectives on Regulation, Governance and Learning' held in Exeter, UK, from 27-29 June 2012.

Downloads

Download data is not yet available.

Author Biography

Marcus Faro de Castro, Universidade de Brasília (UnB)

Full professor, Faculty of Law, University of Brasília. LL.M. (1986) and S.J.D. (1990), Harvard Law School. (http://lattes.cnpq.br/8117165300109701)

Capa da Revista Direito.UnB Volume 1, Número 1

Published

2014-01-01

How to Cite

DE CASTRO, Marcus Faro. New legal approaches to policy reform in Brazil. Direito.UnB - Law Journal of the University of Brasília, [S. l.], v. 1, n. 1, p. 32–64, 2014. Disponível em: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/24622. Acesso em: 31 oct. 2024.