Area of Focus
The Postgraduate Specialization Program in Law (PPGD) at FGV Rio Law focuses on Regulatory Law, aimed at developing a broad and in-depth understanding of regulatory phenomema. The program is structured in an integrated way, considering the challenges of the Regulatory State and regulatory activity in Brazil and on the international scene.
The PPGD prioritizes academic and methodological coherence, promoting an interdisciplinary and innovative approach, essential for the study of new regulatory trends, the impact of institutional changes and the legal, economic and social challenges related to regulation. This Program promotes specific lines of research, structured projects, disciplines and research groups, which together provide comprehensive and in-depth training and instruction.
Research Areas and their Structuring Projects
The research areas are the thematic axes that guide the structure of the program and combine studies that address specific challenges in Regulatory Law. They guarantee a solid theoretical and methodological basis, enabling integration of different levels of teaching and research. The PPGD is organized into two lines of research, which encompass different perspectives of Law and Regulation and its interfaces with the economy, governance and public policies. These areas of focus are aligned with FGV Rio Law's research agendas and the academic production of professors, ensuring consistency between the thematic axes.
The structuring projects operate within each line of research, elaborating investigations into central themes of Law and Regulation, linked to disciplines and research groups. The two lines are divided into 8 structuring research projects, 4 in each, which correspond closely with the subjects offered on the Master's and PhD courses. There is a strong connection between research lines, disciplines and the research developed by permanent professors.
Regulatory Governance, Institutions and Justice
The first line of research – “Regulatory Governance, Institutions and Justice” – is focused on the understanding, analysis, diagnosis and identification of solutions to problems related to structural aspects of the State and its institutions (including its decision-making processes), transnational institutions, in light of their regulatory tendencies and the legal, economic and social foundations of regulation. Topics include: the impact of regulatory governance on the economic domain and provision of public services; its constitutional implications; the complexity of social relations in which its competencies develop; the impact arising from the change in state governance from a hierarchical to a polycentric model; its democratic credentials; the parameters in the form of constitutional norms (rules and principles) that condition its performance, the epistemic limits that affect regulatory choices and their control; the decision-making process in all its dimensions, including sanctions (administrative and criminal); the role played by administrative law in shaping regulatory decisions and activities (such as administrative acts and contracts, concessions and tenders) and its role in achieving relevant economic, political and social objectives, including the protection of rights and global public assets. Besides highlighting the foundations, characteristics and functions of State action, the line of research covers Regulatory Agencies and institutions and public and private governance structures, at national and international levels, which exercise regulatory power or affect regulatory options; and other institutions that interact with regulatory entities in specific institutional arrangements, especially those that control regulatory choices, such as audit courts, judicial organs and even transnational bodies, to understand their institutional structure, operational design and decision-making processes. This involves the processes of regulatory normative production, coordination and decision-making based on the interpretation and application of regulatory acts. Within the scope of the decision-making process, research in this area investigates alternative mechanisms for resolving regulatory conflicts, regarding consensus and arbitration in Public Administration. The line of research is concerned, primarily, with developing, in an isolated and integrated way, knowledge related to the three pillars of what Adrian Vermeule calls “the new administrative State” - law, democracy and knowledge - addressing the political, doctrinal, international and legal issues involved in the formation, action, participation and decision-making processes of regulatory entities and other related institutions; enabling a broad, in-depth analysis of the challenges faced by the State, in isolation and from an international perspective, and by entities that exercise regulatory functions. At a global level, we investigate trends in the formulation of international norms, by international organizations and non-state actors, resulting in new sources of international law of a regulatory nature, and the major issues that involve regulatory choices not exclusively limited by state decisions, such as the treatment of climate change and societal development.
Main Modules:
This module concerns the foundations of regulation: historical consolidation of the regulatory State; relationships between forms of action and institutes of administrative law (acts, contracts, public assets, expropriation, partnerships, concessions and procurement): its institutional status; the foundations of economic and social regulation; constitutional implications of the performance of regulatory functions, such as the provision of public services; the exercise of sanctioning activity (of an administrative and legal nature) and its impact on public and private entities in the economy; the treatment of market failures and natural monopolies; the role of the State in managing risks and uncertainties in a complex society; governance structures; and the definition of good regulatory practices. The main objective is to understand and suggest changes in the mechanisms that structure the Regulatory State and the governance mechanisms and incentive systems created by sanctioning strategies (administrative and legal) to effect relevant economic and social objectives.
- Coordination: Prof. Sérgio Guerra
In this research project, the main objective is to elaborate theoretical and empirical knowledge about the structure and decision-making process of institutions, considered in isolation and in their interactions with other institutions that perform regulatory functions or control such decisions and regulated entities. Research focuses on the identification, explanation and analysis of political-legal variables involved in the institutional production of regulatory acts and the implications of their decisions on other regulatory entities (such as judicial institutions), which affect the performance of regulatory bodies, their decision-making process and the functioning of regulatory control bodies. Topics covered include: the limitations and epistemic capacity of decision-makers; tools for measuring quality and evaluating regulatory choices (such as regulatory impact analysis); regulatory coordination strategies; the Brazilian institutional environment and normative structures that affect regulatory choices; the influence of the structural indeterminacy of the legal system on regulation; the democratic legitimacy of decisions in the Regulatory State; uncertainties and risks related to regulatory action and the use of consequentialist reasoning; strategic behavior and political aspects of regulatory decision-making; control of regulatory decisions; alternatives for dispute resolution such as Public Administration arbitration and consensus instruments; and normative limits and incentives for the design and operation of regulatory structures. This project is highly interdisciplinary, concerned with investigating problems and proposing solutions to regulatory challenges based on legal theory (for example, the exploration of problems related to normative structures and theories of decision justification) and institutional analyses, both in terms of their political aspects (including data collection, institutional design options and strategic behavior) and those related to the use of decision-making principles, involving instances and control (such as activism and deference). Research in this area focuses on a key pillar of comparative institutional analyses, considered essential to the debate on the legitimacy of regulatory choices and on the degree of control (especially judicial) of regulatory options: knowledge of the institutional capacities not only of regulatory entities, but of other institutions they may interact with in terms of undefined competences, notably controlling entities (such as audit courts) and judicial institutions.
- Coordination: Prof. Fernando Leal
“Regulation in Numbers” has three main objectives: (i) to elaborate and disseminate knowledge about national regulatory activity; (ii) to contribute to the improvement of the national regulatory environment through empirically informed diagnoses; and (iii) to promote good practices in regulation based on real-world data. To this end, the topic brings together empirical research, mainly quantitative, on regulatory issues related to the two PPGD lines of research, primarily associated with the functioning of regulatory entities. Thus, it is mainly related to the first research line, focused on: (i) participation mechanisms (public hearings and consultations) and evaluations (such as AIR) of federal regulatory agencies, (ii) regulatory body normative production and decision-making (iii) political/legislative control of regulatory agencies and (iv) external control of regulatory agencies. Regulation in Numbers supports the creation of databases on the topics listed above, enabling analysis of information spread across the various federal regulatory agencies.
- Coordination: Profs. Natasha Salinas, Patrícia Sampaio, Leandro Molhano and Eduardo Jordão.
This topic is organized around four main regulatory axes: global regulation; climate change and destruction of forests; global litigation and human rights and democracy. Firstly, trends are researched and reflections developed on the formation of international norms, by international organizations and non-state actors, which result in new souces of international regulatory law. In this context, we analyze the challenges of non-state entities participating in global governance, including issues of legitimacy, accountability and public authority, as well as the prescribed procedures and intended consequences for the contemporary global legal order of decisions of a regulatory nature. Considerations include the key values and precepts established by the international community, expressed in global assets, such as human rights, the right to a healthy environment, and the implications for structuring regulatory alternatives at the international level, to deal with climate change, and the rights to health and development. Reviewing the international regulatory landscape, we analyze the presence and participation of state and non-state entities in international courts and the emergence of global public assets in the international adjudication process and its attendant challenges. To this end, we propound an agenda for the development of research in the field of International Regulation and Global Governance, a neglected topic of research in Latin America. Finally, we seek to foster interest in developing research on the normative production of regulatory bodies at an international level, and on competent dispute resolution mechanisms involving issues of public interest.
- Coordination: Profª. Paula Almeida
Economics, Intervention and Regulatory Strategies
The second research line – “Economy, Intervention and Regulatory Strategies” – focuses on regulatory options: to understand the dynamics of regulated sectors or those requiring regulation (infrastructure, transportation, sanitation, energy, mining, the film industry, telecommunications, oil, natural gas and biofuels, health and banking sectors); potential responses, legal or otherwise, to market problems; formulation and implementation of public policy and coordination between regulatory and private entitites in an environment characterized by innovation and technological advances and an appreciation of sustainability as a legal and corporate value. To this end, we prioritize, besides conventional legal responses to regulatory challenges, (i) new perspectives on solutions to regulatory problems, such as the role played by taxation vis-a-vis the behavior of regulated agents, and (ii) an economic perspective for understanding and efficiently guiding the incentive systems generated by regulatory options and for analyzing the effects of regulatory choices. Since many of these choices depend on public policy, we focus on the points of contact between policies in different ares (competition defense, consumer protection, industrial policies, trade, intellectual property rights, public safety and environmental management) and the observance of relevant constitutional norms that affect regulatory options, notably fundamental rights and the exercise of basic freedoms and other factors that may limit them, in physical and virtual spaces, such as personality rights and environmental protection. In this context, regulatory dilemmas and the need for feasible alternatives are evident in the areas of health and education and in relation to the internet, insurance and pensions. Research in this area, unlike in more conventional areas of study, is not limited to analyzing regulatory phenomenon from a state perspective; it is also concerned with evaluating regulated scenarios and desirable regulation in which private entities (companies and consumers, for example) act and make decisions. Thus, the research line encompasses study of the profile and behavior of consumers and the effects of regulatory alternatives, as well as the function and nature of companies, their role in markets and the relationship between regulation and competition, including e-commerce. In terms of specifically regulated sectors, we explore the legal, political, social and cultural implications arising from the advance of information and communication technologies. To this end, our focus is on the development of studies in the areas of Internet Governance and Digital Transformation, Data Protection and Cybersecurity, Regulation of Digital Platforms and Governance of Digital Infrastructures, Artificial Intelligence and Data Science.
Area topics:
This topic addresses points of contact, challenges and conflict between the process of creation, implementation and evaluation of social regulation instruments in various sectors, such as health, education, social security, public safety, social assistance and labor relations. Different public policies and the achievement of legal, social and economic objectives are also assessed, including the defense of competition, technological advances, innovation and development. The topic also encompasses the use of different mechanisms as incentives to satisfy the regulatory needs of public authorities, such as taxation and choices related to the budgetary process, in terms of the responsiveness (accountability) and efficiency of regulatory policies. Research here is centered on the identification and understanding of the challenges related to the use of conventional or less recognized strategies, such as self-regulation and meta-regulation, by government or corporate entitites, in general as well as regulated sectors, to deal with market failures and fulfill regulatory objectives.
- Coordination: Prof. Carlos Ragazzo
The aim of this project is to explore the various interactions between the legal and economic systems in order to understand, critique and improve regulatory choices and structures. We also investigate the influences of economic entities as well as macro and microeconomic factors on organization, development and decision-making in the public and private legal spheres. Finally, analyses and discussions are developed on the effects of normative alternatives on individual behavior, the organization of the economic system, business environment, functioning of varied markets, such as credit, finance and gambling, and the economic-regulatory impact of judicial decisions on market functioning. Examples of such interactions are the use of economic analyses of law, private law entities (especially of a contractual and obligatory nature) and perspectives, for example, vis-a-vis behavioral economics and new institutional economics for the regulation of property rights, the drafting of contracts, regulation of the financial and the credit markets, knowledge of consumer behavior, analysis of business organization and the regulation processes and judicial recievership of companies. Some of these themes, notwithstanding their repercussions for Economics, have been neglected, legally speaking, thus, the researh is focus here is somewhat removed from a traditional analyses of the interactions between regulation and economics.
- Coordination: Prof. Antônio Porto
This topic encompasses the implementation, performance, current and desired levels of governance, definition and application of quality parameters and the need for and impact of specific regulatory models in sectors such as transport, environment, energy, infrastructure, sanitation, oil and gas, intellectual property and telecommunications. Here, the focus is mainly on the structures, relevance and impact of regulatory decisions on specific sectors, considering their peculiarities and the legal objectives, especially constitutional, that shape regulatory action. Potential regulatory failures are also assessed and solutions proposed to maximize the efficiency of economic and legal instruments, promoting sustainability and ensuring the protection of social, environmental and economic constitutional rights in environments which are already regulated or require regulatory attention.
- Coordination: Prof. Rômulo Sampaio
This module focuses on the legal, social and cultural implications of the advance of information and communication technologies. Research topics include: Internet Governance and Digital Transformation; Data Protection and Cybersecurity; Regulation of Digital Platforms and Governance of Digital Infrastructure; Artificial Intelligence and Data Science, focused on governance models and public and private regulatory tools in northern hemisphere countries, and also in the global south, particularly in the BRICS countries.
In light of the transformations and innovations brought by technology and the implications for the market, regulatory law and institutions, the justice system (especially the role of the Judiciary in internet governance) and society, the main research objectives are (i) to improve implementation of personal data protection regulation and create effective AI regulatory frameworks; (ii) foster debate on good practice, to create and maintain democratic, inclusive virtual environments, vis-a-vis topics such as hate speech, misinformation, discrimination and moral violence, against women, racial minorities and sexual orientations, among other issues linked to an online environment; (iii) construct criteria, metrics and risk indicators to comply with the General Data Protection Law (LGPD); (iv) guide reflection on the potentialities and challenges in the ex ante regulation of digital markets (including e-commerce), compared with the ex post actions of competition defense agencies; (v) explore moderation and content control tools on digital platforms, including in relation to the electoral context, regulation of responsibility of the various actors and their relationships with multifaceted power dynamics; (vi) ensure cybersecurity and the integrity of digital spaces, with analyses of the cybersecurity of critical infrastructures and essential services; (vii) standardize data sharing among supplementary health service providers in Brazil, stimulating competition and alternative ways of improving the quality of services in this sector, to reduce the informational asymmetry in this market; and (viii) monitor transparency in relation to content moderation on national social media platforms, mapping existing transparency obligations and responsibility models in the context of social media platforms, focused on monitoring and analyzing digital media, artificial intelligence tools, fact-checking, and their political ramifications (especially in relation to handling of the election process) and social impact in terms of strengthening democracy.
- Coordination: Prof. Luca Belli
Subjects
Subjects are created to offer students theoretical and methodological training aligned with the specific research area and structured modules. Some are compulsory, others elective, to provide a consistent as well as individualized training profile.
Compulsory Subjects
- Master's degree: Research Methodology in Law and Theory of the Regulatory State.
- PhD: Advanced Research Design and Techniques, Theory of Regulatory Structures (linked to the Regulatory Governance, Institutions and Justice research area) and Theory of Regulatory Strategies (linked to the Economics, Intervention and Regulatory Strategies research area).
- Elective Subjects in the area of "Regulatory Governance, Institutions and Justice".
- Elective Subjects in the area of "Economics, Intervention and Regulatory Strategies".
- Dimensões do Estado de Direito e Princípios da Administração Pública
- Dinâmica da Regulação Administrativa
- Regulação e Concessões em Infraestrutura
- Separação de Poderes: Direito, Política e Desenho Institucional
- Serviços Públicos e sua Regulação
- Regulação Internacional
- Teoria da Regulação
- Administrative State: a Origem e Evolução da Função e Governança Regulatória
- Racionalidade, Incerteza e Decisão Regulatória
- Controle da Administração Pública
- Regulação e Sistema de Justiça Penal
- Tópicos de Aprofundamento em Regulação Internacional
- Fundamentos do Pensamento Jurídico
- Parcerias de Investimentos entre os Setores Público e Privado
- Análise Empírica em Estudos sobre Regulação
- Separação de Poderes: Direito, Política e Desenho Institucional
- Análise Econômica do Direito
- A Produção Normativa dos Órgãos Reguladores
- A Regulação dos Contratos Setoriais da Indústria Elétrica Brasileira
- Alternativas Regulatórias
- Direito e Economia da Regulação: Aplicações a Transportes e Finanças
- Estado e Mercado – A Regulação Estatal sobre as Atividades Essenciais
- Governança Ambiental Internacional
- Interações entre as Políticas de Intervenção do Estado
- Reflexos Penais da Regulação Econômica
- Regulação Ambiental
- Regulação da Biodiversidade Brasileira
- Regulação de Novas Tecnologias
- Tributação e Regulação da Atividade Econômica
- Fundamentos Sociais e Organizacionais da Regulação
- Governança Regulatória Ambiental
- Regulação e Concorrência em Setores de Infraestrutura
- Tópicos em Análise Econômica do Direito e Regulação
- Normas Tributárias Indutoras e Regulação Econômica
Research Groups
Research groups facilitate more detailed investigations, allowing professors and students to elaborate specific studies arising from themes addressed in the PPGD. They engage directly with the content of academic modules and disciplines, promoting research production and encouraging participation in national and international events and forums.
The research groups:
- Provide support for individual research (theses and dissertations).
- Promote academic exchange and institutional partnerships.
- Develop applied research in conjunction with public and private institutions.
Each research group is linked to one or more lines of research and structuring projects, to encourage alignment with the program objectives and ensure academic and social relevance.
Regulatory Law in the light of Decision Theory: opportunities, challenges and perspectives
Leader: Antonio José Maristrello Porto
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Center for Advanced Studies on Regulation of the National Financial System - NEASF
Leader: Antonio José Maristrello Porto
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Regulation, Economy and the Market
Leader: Antonio José Maristrello Porto
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Institutional Design and Regulatory Efficiency
Leader: Carlos Emmanuel Joppert Ragazzo
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Modernization of the law of obligations
Leader: Daniel Pires Novais Dias
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Foundations and implementation of Public Law
Leader: Fernando Angelo Ribeiro Leal
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Digital Governance, Regulation and Transformation
Leader: Luca Belli e Nicolo Zingales
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Regulation in Numbers
Leader: Natasha Schmitt Caccia Salinas e Sérgio Guerra
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Law, Economics and Justice
Leader: Patrícia Regina Pinheiro Sampaio
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Regulation and competition
Leader: Patrícia Regina Pinheiro Sampaio
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FGV Centre of Excellence on EU-South America Global Governance
Leader: Paula Wojcikiewicz Almeida
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Regulation of urban, natural and technological sustainability
Leader: Rômulo Silveira da Rocha Sampaio
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The Regulatory State: Structure and Functions
Leader: Sérgio Guerra
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Regulatory State Theory
Leader: Sérgio Guerra