Post by xyz3600 on Feb 25, 2024 5:50:17 GMT
Despite some criticism, the Provisional Measure for Economic Freedom was approved. It can foster a new model for Brazilian legal thought, giving strength to the Economic Analysis of Law. In particular, there are two important economic concepts that have been positive: “transaction costs” and “supply and demand”, which must be analyzed by legal operators. I addressed some economic issues relevant to lawyers – with a focus on in-house – in an article published in ConJur . It can be said that the MP comes to promote a device that had been included in the Law of Introduction to the Norms of Brazilian Law, of a consequentialist nature. Famously, article 20, which states: “In the administrative, controlling and judicial spheres, decisions will not be made based on abstract legal values without considering the practical consequences of the decision.
Dealing with the Introductory Law, I mentioned that it was not as revolutionary as it seemed . Now, yes, it seems that we will have a legal framework capable of bringing the color of the Economic Analysis of Law in a positive way, with more strength. Well then. Article 1 establishes the Declaration of Rights of Economic Freedom, establishing standards to protect free enterprise and the free exercise of economic activity. For some, this may Middle East Mobile Number List sound insignificant. However, as Nelson Rodrigues said, “only prophets see the obvious”. In Brazil, what appears to be elementary needs to be stated loud and clear. But is the issue really that obvious? In the Heritage Foundation 's Economic Freedom ranking , our country is in position 150 . To use a neighbor's comparison, Chile is listed as 18th . Therefore, even if it were merely symbolic – which the ranking shows it is not – the legislative movement has importance and relevance.
Along these lines, § 2 of the article cited above states: “all public order rules on private economic activities are interpreted in favor of economic freedom, good faith and respect for contracts, investments and property.” . This device has an educational component. The idea, in my opinion, is to move towards “The Society of Trust” mentioned by Alain Peyrefitte in the book of the same name. Briefly, in the words contained in the beautiful presentation of the Portuguese edition (Editora TopBooks, 1999), prepared by the late Ambassador José Oswaldo de Meira Pena: “ In La société de confidence , the French thinker crowned his monumental work with an exhaustive historical and sociological study of the ethics of free enterprise and incentives for the private sector of the economy, capable of ensuring progress.
Dealing with the Introductory Law, I mentioned that it was not as revolutionary as it seemed . Now, yes, it seems that we will have a legal framework capable of bringing the color of the Economic Analysis of Law in a positive way, with more strength. Well then. Article 1 establishes the Declaration of Rights of Economic Freedom, establishing standards to protect free enterprise and the free exercise of economic activity. For some, this may Middle East Mobile Number List sound insignificant. However, as Nelson Rodrigues said, “only prophets see the obvious”. In Brazil, what appears to be elementary needs to be stated loud and clear. But is the issue really that obvious? In the Heritage Foundation 's Economic Freedom ranking , our country is in position 150 . To use a neighbor's comparison, Chile is listed as 18th . Therefore, even if it were merely symbolic – which the ranking shows it is not – the legislative movement has importance and relevance.
Along these lines, § 2 of the article cited above states: “all public order rules on private economic activities are interpreted in favor of economic freedom, good faith and respect for contracts, investments and property.” . This device has an educational component. The idea, in my opinion, is to move towards “The Society of Trust” mentioned by Alain Peyrefitte in the book of the same name. Briefly, in the words contained in the beautiful presentation of the Portuguese edition (Editora TopBooks, 1999), prepared by the late Ambassador José Oswaldo de Meira Pena: “ In La société de confidence , the French thinker crowned his monumental work with an exhaustive historical and sociological study of the ethics of free enterprise and incentives for the private sector of the economy, capable of ensuring progress.