Economy, Intervention, and Regulatory Strategies

Economy, Intervention and Regulatory Strategies

The second line aims at developing research focused on the content of regulatory options and targeting both the study of the dynamics of regulated sectors or sectors that require regulation and the proposal of answers, either legal or not, to problems related to the market or the coordination among regulatory entities and private players. To reach this objective, the line promotes, in addition to the conventional legal responses to address regulatory challenges, (i) new perspectives for developing solutions to regulatory problems, such as the role of taxation in connection with the behavior of regulated agents, and (ii) an economic perspective for the understanding and adequate guidance of the incentive systems generated by regulatory options, as well as for the analysis of the effects of regulatory choices. As many of these choices are materialized by employing public policies, the line also focuses on exploring the connections among policies of different kinds (such as antitrust policy, consumer protection policy, industrial policy, trade defense policy, and intellectual property rights protection policy) and the achievement of relevant constitutional objectives that have an impact on regulatory options.

Unlike more conventional views, this line of research is not limited to analyzing the regulatory phenomenon from a governmental perspective; it extends to the study of regulated scenarios or whose regulation is desirable, in which private players (companies and consumers, for example) act and make decisions. Thus, the line encompasses research on consumers' profile and behavior and the effects of regulatory alternatives on them, besides studies on the function and nature of companies, their role in the markets, and the relations between regulation and competition.

This line of research is divided into three Structuring Projects.

Structuring Projects

This project brings together research to explore connections, challenges, and conflicts among the processes of creating, implementing, and assessing different public policies and achieving legal, social, and economic goals, such as antitrust, consumer protection, technological progress, innovation, and development. Moreover, the line aims at producing knowledge about the use of different mechanisms as sources of incentives to satisfy the regulatory needs of the government, such as taxation, and to foster accountability and the effectiveness of regulatory policies. In this regard, the line also encompasses research aimed at identifying and understanding the challenges related to using conventional or less publicized strategies, such as self-regulation and meta-regulation, by government or corporate segments, in general and regulated sectors, to address market gaps and achieve regulatory goals.

This project aims to explore the several interactions between the legal and economic systems to understand, criticize, and guide regulatory choices and structures. Furthermore, it aims to investigate the influences of economic agents' behavior and macro and microeconomic factors on organization, development, and decision-making in the legal field. Finally, the project develops analyses and discussions about the effects of regulatory alternatives on individual behavior, the organization of the economic system, the business environment, and the market operation. Examples of these interactions can be noted by the use of the economic analysis of Law and perspectives such as those offered by behavioral economics and the new institutional economy for the adequate regulation of property rights, drafting of contracts, regulation of the financial and credit market, the knowledge of consumer behavior, the analysis of business organization and regulation processes, and the court-supervised reorganization of companies. Some of these topics, although with significant repercussions in the economy, are still poorly studied in Law, which places most studies in this line far from more traditional analyses of the interactions between regulation and the economy.

This project aims to produce knowledge about the implementation, performance, current and desirable levels of governance, the definition and application of quality parameters, and the need and impacts produced by specific regulatory models in segments such as transportation, environment, energy, infrastructure, sanitation, oil and gas, intellectual property, internet, health, and telecommunications. In this project, the research focuses mainly on the structures, relevance, and impacts of regulatory options on specific sectors, always taking the peculiarities of each sector and the legal purposes, especially the constitutional ones, as references that should guide regulatory action. The line also aims to propose solutions to maximize the efficiency of economic and legal instruments for promoting sustainability and for appropriately protecting social, environmental, and economic constitutional rights in environments that are already regulated or require regulatory action.

Disciplinas Estruturantes

As Disciplinas Estruturantes do Mestrado desta linha de pesquisa são:

A Produção Normativa dos Órgãos Reguladores;
A Regulação dos Contratos Setoriais da Indústria Elétrica Brasileira;
Alternativas Regulatórias;
Análise Econômica do Direito;
Aspectos Regulatórios na Tributação;
Direito e Economia da Regulação: Aplicações a Transportes e Finanças;
Global Person Data Regulation;
Governança Ambiental Internacional;
Interações entre as Políticas Públicas de Intervenção do Estado;
Regulação Ambiental;
Regulação da Biodiversidade Brasileira;
Regulação de Novas Tecnologias; e
Tributação e Regulação da Atividade Econômica.

As Disciplinas Estruturantes do Doutorado desta linha de pesquisa são:

Capacidade Regulatória e Governança Institucional;
Direito e Economia da Regulação: O Setor Ferroviário;
Estado e Mercado: A Regulação Estatal sobre as Atividades Econômicas Essenciais;
Fundamentos do Pensamento Jurídico;
Fundamentos Sociais e Organizacionais da Regulação;
Governança Regulatória Ambiental;
Insolvência Corporativa e Reorganização Financeira;
Normas Tributárias Indutoras e Regulação Econômica;
Regulação e Concorrência em Setores de Infraestrutura; e
Tópicos em Análise Econômica do Direito e Regulação.