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Open Access Order and Interconnected Institutions in Brazil: A Challenge

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  • Yu Guanghua

    (Faculty of Law, University of Hong Kong, Pokfulam Road, Hong Kong, P. R. China)

Abstract

This article examines the evolution of democratic practice in Brazil. The article begins with a discussion on the country’s performance in terms of social equality, violence, and weak economy after the consolidation of democracy in 1985. Based on historical evidence, the article offers explanations concerning the weak performance in Brazil. The case of Brazil provides a challenge to the theory of open access order of North and his colleagues in the sense that open access to political organizations and activities does not necessarily lead to either better political representation or better economic performance. The case of Brazil also shows that open access to economic organizations and activities in the absence of the necessary institutions in the areas of property rights protection and contract enforcement, the financial market, the rule of law, and human resources accumulation does not lead to long-term economic growth.

Suggested Citation

  • Yu Guanghua, 2019. "Open Access Order and Interconnected Institutions in Brazil: A Challenge," The Law and Development Review, De Gruyter, vol. 12(1), pages 1-40, January.
    • Handle: RePEc:bpj:lawdev:v:12:y:2019:i:1:p:1-40:n:1
    DOI: 10.1515/ldr-2018-0002
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    References listed on IDEAS

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    1. Guilherme Lichand & Rodrigo R. Soares, 2014. "Access to Justice and Entrepreneurship: Evidence from Brazil's Special Civil Tribunals," Journal of Law and Economics, University of Chicago Press, vol. 57(2), pages 459-499.
    2. Blom, Andreas & Holm-Nielsen, Lauritz & Verner, Dorte, 2001. "Education, earnings, and inequality in Brazil, 1982-98 - implications for education policy," Policy Research Working Paper Series 2686, The World Bank.
    3. Kakwani, Nanak & Neri, Marcelo Côrtes & Son, Hyun H., 2010. "Linkages Between Pro-Poor Growth, Social Programs and Labor Market: The Recent Brazilian Experience," World Development, Elsevier, vol. 38(6), pages 881-894, June.
    4. Kaufmann, Daniel & Kraay, Aart & Mastruzzi, Massimo, 2010. "The worldwide governance indicators : methodology and analytical issues," Policy Research Working Paper Series 5430, The World Bank.
    5. North,Douglass C. & Wallis,John Joseph & Weingast,Barry R., 2013. "Violence and Social Orders," Cambridge Books, Cambridge University Press, number 9781107646995, September.
    6. Musacchio, Aldo, 2007. "Law and Finance in Historical Perspective: Politics, Bankruptcy Law, and Corporate Governance in Brazil, 1850–2002," The Journal of Economic History, Cambridge University Press, vol. 67(2), pages 503-506, June.
    7. repec:cup:buhirw:v:82:y:2008:i:3:p:445-473_3 is not listed on IDEAS
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