Banca de QUALIFICAÇÃO: ANDRÉ FELIPE ALVES DA SILVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : ANDRÉ FELIPE ALVES DA SILVA
DATA : 12/08/2019
HORA: 10:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

MERCADO, REGULAÇÃO E CORRUPÇÃO: ANÁLISE NORMATIVA-INSTITUCIONAL DE UMA REGULAÇÃO ANTICORRUPÇÃO À LUZ DA CONSTITUIÇÃO ECONÔMICA

PALAVRAS-CHAVES:

Economic Constitution. Normative-Institutional Analysis. Marketplace. Corruption. Regulatory Interventions. Anti-Corruption Regulation.

PÁGINAS: 139
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
RESUMO:

The main objective of the present research is to analyze the problem associated with the phenomenon of corruption, not only as a social and political pathology formally reprimanded by enforcement rules established in the law, but also as a true anomalous behavior assimilated by the economic agents capable of providing undesirable effects,  that should be reprimanded for the exercise of state regulation in the market under the fundamental parameter established by the Economic Constitution. From this perspective, the investigation is initiated through an analytical examination based on the systemic theory applied to the context of society, which shows the existence of interactions performed by the legal system in relation to other social subsystems, especially the economic system. through structural coupling processes facilitated by the operational openness that characterizes the whole macro social system. This same perception applies to the internal functioning of the legal system, in which the Positive Constitution exercises the position of hierarchically superior category to the others, being a true element that ensures the unity and internal coherence of the whole legal system. Based on this premise, it is recognized that there is an Economic Constitution in Brazil, whose fundamental pillar is established through the guarantee of economic freedom attributed to the private initiative in the exploration of the market. Based on this preliminary framework, a normative-institutional analysis is constructed about the real comprehension of the amplitude applied to the notion of market, both from a conceptual bias and from a functional approach, all in the sense of proposing an analysis based on the need for preservation of their structures for the interaction between the legal and economic systems. Once this conceptual proposition has been established, the current conviction of the state as the main agent responsible for the regulation of economic relations is continued, aiming to establish, precipitously, the conditions and possibilities under which such state intervention can take place, sometimes emphasizing aspects specific to the system, sometimes evidencing the conformations established in the legal system. In the end, it is proposed to analyze how the Regulatory State in Brazil can make the appropriate regulatory interventions on the corruption phenomenon identified in the context of economic relations, based on a juridical-economic contribution, aiming to establish those institutional mechanisms capable of composing a “Anti-corruption regulation”, so that, on the one hand, it allows the effective exploitation of the free market by individuals, without undue distortions or interference, and, on the other hand, fulfills the objectives and foundations laid down in the Economic Constitution.

MEMBROS DA BANCA:
Presidente - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Interno - 2222637 - ARTUR CORTEZ BONIFACIO
Interna - 1753047 - MARIANA DE SIQUEIRA