Análise jurídica do Segundo Acordo da Basiléia: a regulação do mercado bancário internacional por meio de instrumentos de soft law e sua legitimidade democrática

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

National and International Economic Policy are heavily influenced by Political Economy. The adoption of an Economic Policy model (within its instruments and the consequences that will rise from it) as the basis for regulation is a political activity. The pursue of specific goals in Economic Policy is not neutral and can not be considered the natural consequence of a physical science law. The assumption that this kind of decision is political enables the political discussion of its content through the legal procedures in a public sphere. The New Basel Capital Accord provides regulatory capital requirements aligment so that banks can face the risks underlying its activities. It is a soft law instrument created by Basel Committee. The model adopted places emphasis on banks` internal risk controls in order to pursue a more efficient bank market. Since the adoption of this specific regulation model is political it has to observe the legal procedures that enable public discourse on this matter and its analysis considering citizens` rights. In many countries, like Brazil, the political aspect of Basel Accord is not being considered by regulators. By doing so, they obstruct the democratic procedures and its legitimacy.

ASSUNTO(S)

regulation basel accord direito direito politics economia política regulação, mercado bancário, acordo da basiléia política bank market law political economy

ACESSO AO ARTIGO

Documentos Relacionados