The Guarantee of National Development by Brazilian State in the WTO Dispute Settlement Body
World Trade Organization; National Development; Disputes Resolution.
The scope of the present study is to verify of the achievement of the economic defense by the Brazilian State based on its work before the World Trade Organization (WTO), more specifically in the context of the Dispute Settlement Body of this international institution. Through a bibliographical research, it will be presented the concept of development brought by the 1998 Constitution and the insertion of Brazil into international trade, more precisely in the multilateral trading system erected by the WTO, detailing its structural and normative aspects. This analysis enables the understanding about how the Brazilian State uses the tools that International Law provides. It also observes the criticisms made to the system, as a way of understanding the full context in which it is inserted. In a second moment, the work is dedicated to the empirical study, essentially based on a jurisprudential analysis of the cases in which Brazil participated as complainant and defendant before the Dispute Settlement Body (DSB). This is done as a way to verify if the balance of its participation in this system has been positive from the point of view of the defense of its economic interests. This part will be divided in two, the first one to be used for the examination of conflicts in which Brazil has had a negative result due to its participation before the DSB, while the second part will reveal the positive results of the jurisdiction of this Body. On the basis of these elements, an attempt is made to obtain an overview of the consequences of the regulation imposed by the WTO on its members and, thus, to understand to what extent such regulation has helped the country to achieve its commercial interests, based on its development agenda.