Banca de DEFESA: IGOR MATHEUS GOMES FERREIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : IGOR MATHEUS GOMES FERREIRA
DATA : 29/08/2018
HORA: 10:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE POSITION OF BRAZIL UNDER WTO LAW:THE NEED FOR CONFORMITY OF INTERNAL LEGISLATION TO INTERNATIONAL LAW IN THE DECISION OF DS472 AND DS497

 

PALAVRAS-CHAVES:

 World Trade Organization. TRIMS Agreement. Inovar-Auto Program.

PÁGINAS: 150
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

he present study analyzes the Brazilian government's alternatives to the decision handed down within the scope of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) through panels DS472 and DS497. At the time, it was established that the Inovar-Auto Program, among other investment measures adopted by Brazil, is incompatible with the Agreement on Trade-Related Investment Measures (TRIMS Agreement) and, consequently, with the GATT 1994. The problem raised by this judgment concerns whether Brazil should abide by the obligation to conform its standards relating to the automobile industry to the obligations stipulated in the TRIMS Agreement and the GATT 1994. Therefore, the purpose of this paper is to present the obligations of the Brazilian State under the TRIMS Agreement and and the provisions of the GATT 1994 in the scope of the dispute and, finally, to construct the alternatives to Brazil, in view of the incompatibility of the Inovar-Auto Program with the WTO, focusing on the need to adapt the Brazilian government's automotive regime to international standards. The methodology used is part of the theoretical research in the doctrinal scope, through a bibliographical review in the field of Economics, Constitutional Law, International Law and International Economic Law, and the normative examination, where the provisions referring to the TRIMS Agreement, the Inovar-Auto and the WTO Dispute Settlement System are verified. Then, the jurisprudential analysis of the DSB is carried out, focusing on the case faced by the Brazilian government and similar cases, where the arguments of the parties and the judges' understanding are appreciated. The prospective analysis based on the study was constructed in the last chapter, where it is shown that the adequate solution to Brazil consists in complying with the recommendations of the judges, in accordance with the principle of the primacy of international law, good faith and pacta sunt servanda and in order to avoid sanctions by the European Union and Japan, by suspending concessions, which would cause economic loss to the country.

MEMBROS DA BANCA:
Externo à Instituição - FREDYS ORLANDO SORTO - UFPB
Presidente - 1570072 - JAHYR PHILIPPE BICHARA
Interno - 2199638 - VLADIMIR DA ROCHA FRANCA