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Towards a New Law and Development: New State Activism in Brazil and the Challenge for Legal Institutions

31 Pages Posted: 12 Sep 2012  

David M. Trubek

University of Wisconsin Law School

Diogo R. Coutinho

University of Sao Paulo - Faculty of Law

Mario Gomes Schapiro Sr.

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Date Written: September 11, 2012

Abstract

This article explores the emergence of a new developmental state in Brazil and its significance for law and development theory. Emerging forms of state activism in Brazil since 2000, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor both a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions which must perform new functions. The emerging new developmental state seeks to maintain policy and rule flexibility, orchestrate relations among public actors and between them and the private sector, create conditions that will maximize synergy between actors, and preserve the legitimacy of government interventions. This generates four new roles for the legal system: (i) safeguarding flexibility, (ii) stimulating orchestration, (iii) framing synergy, and (iv) ensuring legitimacy.

Keywords: Law and Development, Industrial Policy, Brazilian Economy, Developmental State Economic Development

JEL Classification: K33, O1, O2

Suggested Citation

Trubek, David M. and Coutinho, Diogo R. and Schapiro, Mario Gomes, Towards a New Law and Development: New State Activism in Brazil and the Challenge for Legal Institutions (September 11, 2012). Univ. of Wisconsin Legal Studies Research Paper No. 1207. Available at SSRN: https://ssrn.com/abstract=2144939

David M. Trubek (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

Diogo Rosenthal Coutinho

University of Sao Paulo - Faculty of Law ( email )

Largo Sao Francisco, 95
Sao Paulo, Sao Paulo 01005-010
Brazil
+551131114013 (Phone)
+551131114020 (Fax)

Mario Gomes Schapiro Sr.

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

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