Suchergebnisse

RESUMO O artigo explora a dimensão jurídica nos trabalhos de autores pertencentes a diferentes correntes institucionalistas. Argumenta que análises centradas nas instituições - em especial uma delas, a chamada economia política institucionalista - oferecem ao direito e aos juristas engajados na teoria e na prática do direito econômico a oportunidade de tomar parte em um rico diálogo sobre do desenvolvimento econômico e seus enigmas. Isso resulta do fato de o institucionalismo ser um campo eminentemente interdisciplinar e transversal, no qual as agendas de pesquisa das ciências sociais podem almejar ganhos explicativos conjuntos e fertilizações cruzadas entre as disciplinas.

This article describes how the authors understand Law and Development (L&D), and L&D teaching, based on their conceptual views, as well as on their practical experiences in the classroom. In light of Miola's experience, it describes a possible purpose for L&D: that of influencing the minds of future development policymakers. This idea is presented in the description of a practical experience of teaching an L&D undergraduate class for nonlaw students. In such an environment L&D's well-established emphasis on the imbrication of law and economic performance can help nonlaw students perceive and discuss the roles of law in the economy and development policies - the domains in which many of them will likely act as professionals. Based on Coutinho's experience in teaching at a law school, it describes how researching and teaching L&D involves developing a lens (or a "technology") through which the law can be seen (and eventually changed, in an institutional design exercise) as a tool to shape democratic arrangements devised to structure and implement development policies. The authors also highlight what they perceive to be common between these two relatively distinct research and teaching experiences, and discuss what they mean regarding their views about what constitutes L&D (and, once more, how to teach) it: Miola's course seeks to shape a different "legal consciousness" of future development professionals who are not lawyers, so they can devise or deal with development policies without ignoring legal institutions, whereas Coutinho's class, in turn, aims to enable law students to visualise their field of practice as a powerful "technology" to development to critically analyse and improve institutional arrangements, and hence of themselves as agents with a privileged position to operate it.

Resumo Escrito em meio à pandemia de COVID-19, o artigo discute os desafios do direito econômico associados à regulação das plataformas digitais. A primeira parte do artigo aborda questões de natureza concorrencial que emergiram no contexto da emergência sanitária, incluindo colaboração entre concorrentes e novas condutas. Na segunda parte, o artigo discute aspectos de natureza regulatória, sublinhando certos desafios de coordenação institucional que as plataformas digitais suscitam.

There have been significant changes in government policy in Brazil since 2000, and these are having an influence on the law. Emerging from a limited experience with neoliberalism, the country has embraced new forms of state engagement in the economy and social relations. Because these changes are recent and may not yet have been fully consolidated, we follow Arbix and Martin by describing the resulting constellation as "new state activism" (NSA), a term that suggests neither a return to the past nor a clearly consolidated alternative model. Studies of state activism and law in Brazil show new roles emerging for legal institutions. New polices and institutions, including a new kind of industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. These policies require policy and rule flexibility, coordination among public actors and between them and the private sector, conditions to maximize synergy between public and private actors, and measures to preserve the legitimacy of government intervention. This, in turn, creates new roles for law. In the following sections we trace the emergence of NSA, identify its salient features, note how it differs from prior forms of state intervention, explore some of the forces that have shaped this new form of state action, and provide a preliminary assessment of the significance and challenge of these developments for the law. © Cambridge University Press 2013.

Law, state, and the new developmentalism : an introduction / David M. Trubek -- New state activism in Brazil and the challenge for law / David M. Trubek, Diogo R. Coutinho, and Mario G. Schapiro -- Understanding neo-developmentalism in Latin America : new industrial policies in Brazil and Colombia / Shunko Rojas -- Rediscovering the developmental path? : development bank, law, and innovation financing in the Brazilian economy / Mario Shapiro -- Carving out policy autonomy for developing countries in the world trade organization : the experience of Brazil and Mexico / Alvaro Santos -- Developmental responses to the international trade legal game : cases of intellectual property and export credit law reforms in Brazil / Michelle Ratton Sanchez Badin -- Decentralization and coordination in social law and policy : the Bolsa Família program / Diogo R. Coutinho -- Social policy and the new development state : the case of Colombia / Helena Alviar Garcia