Law and the New Developmental State The Brazilian Experience in Latin American Context

Author: David M. Trubek; Helena Alvair Garcia; Diogo R. Coutinho; Alvaro Santos
Publisher: Cambridge University Press
ISBN: 9781107031593
Published In: May 2013
Format: Hardback , 386 pages
Jurisdiction: Brazil ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.

• Presents a pioneering study of the new developmental state in emerging economies and the central role played by law and legal institutions

• Analyzes the relationship between law and development policy in Brazil and Latin America today

• Research conducted by a team of Latin American legal scholars and experts in law and development

1. Law, state, and the new developmentalism: an introduction David M. Trubek; 2. New state activism in Brazil and the challenge for law David M. Trubek, Diogo R. Coutinho and Mario G. Schapiro; Part I. New Industrial Policies: Global Insertion, Productive Transformation, Investment Strategies, and Flexible Law: 3. Understanding neo-developmentalism in Latin America: new industrial policies in Brazil and Colombia Shunko Rojas; 4. Rediscovering the developmental path? Development bank, law, and innovation financing in the Brazilian economy Mario Shapiro; Part II. Trade Law: Carving out Development Policy Space within the WTO Regime: 5. Carving out policy autonomy for developing countries in the World Trade Organization: the experience of Brazil and Mexico Alvaro Santos; 6. Developmental responses to the international trade legal game: cases of intellectual property and export credit law reforms in Brazil Michelle Ratton Sanchez Badin; Part III. Social Policy and Equity: Two Approaches to the Relationship between Social Policy, Law, and Development Strategy: 7. Decentralization and coordination in social law and policy: the Bolsa família program Diogo R. Coutinho; 8. Social policy and the new development state: the case of Colombia Helena Alviar Garcia.

David M. Trubek
University of Wisconsin, Madison

Helena Alvair Garcia
Universidad de los Andes, Colombia

Diogo R. Coutinho
University of São Paulo Law School

Alvaro Santos
Georgetown University Law Center