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Economic Development and the Legal Foundations of Regulation in Brazil

Author

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  • de Castro Marcus F.

    (Universidade de Brasilia, Campus Universitário Darcy Ribeiro, S/N – Asa Norte Brasília – DF, 70910-900, Brazil)

Abstract

The paper describes the evolution of legal ideas underlying authoritative discourse used as grounds for changes in economic policy in Brazil. It examines the role of legal ideas in the shaping of policy since the rise of enlarged administrative power in the nineteenth century to the emergence of the developmentalist state in the 1930s, to pro-market reforms of the mid-1990s and early twenty-first century. A description of the contrasts between three major clusters of legal ideas is offered, covering: imported French-style legal doctrinalism in the “classical liberal” era (1850–1930), changes introduced by the administrative law of the “old developmentalism” (1930–1980), and imported Anglo-Saxon legal and economic concepts of the pro-market reforms phase (1990–2000).

Suggested Citation

  • de Castro Marcus F., 2013. "Economic Development and the Legal Foundations of Regulation in Brazil," The Law and Development Review, De Gruyter, vol. 6(1), pages 61-115, June.
    • Handle: RePEc:bpj:lawdev:v:6:y:2013:i:1:p:61-115:n:1
    DOI: 10.1515/ldr-2013-0003
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    References listed on IDEAS

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    1. Gonçalves, Fernando M & Holland, Marcio & Spacov, Andrei, 2007. "Can Jurisdictional Uncertainty and Capital Controls Explain the High Level of Real Interest Rates in Brazil? Evidence from Panel Data," Revista Brasileira de Economia - RBE, EPGE Brazilian School of Economics and Finance - FGV EPGE (Brazil), vol. 61(1), August.
    2. George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
    3. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    4. Coutinho Diogo R., 2010. "Linking Promises to Policies: Law and Development in an Unequal Brazil," The Law and Development Review, De Gruyter, vol. 3(2), pages 3-40, May.
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