Marcos teóricos para reflexão sobre direito &desenvolvimento / Theoretical Guides for Reflection on Law and Development
AUTOR(ES)
Rafael Amorim de Amorim
FONTE
IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia
DATA DE PUBLICAÇÃO
23/08/2011
RESUMO
In general, this paper focuses on a historical perspective to the study of theoretical frameworks of the relationship between legal system and process development, discipline, interdisciplinary, involving areas related to Law and Economics, which aims to guide and explain the reform programs that sought to change the legal system on behalf of the development in their economic prospects, political and social. Will proceed, before starting the main debate is now proposed, the presentation of theoretical frameworks that have influenced, directly or indirectly, discussions of legal systems and development. With this aim, the theoretical assumptions that underlie the field of "Development Economics" will be initially presented, focusing, above all, the paradigm that most influenced the field of Law and Development. To enrich specific discussions on the legal system and the development process, will proceed with the presentation of theoretical perspectives that explain the role of alternative variables in developing countries (eg. Geography, cultural factors and the origin of the legal system). Soon after, it will outline the theoretical framework of Max Weber, social theorist who most influenced the field of Law and Development, nveiling, to study the rise of European industrial civilization, the law as a determining factor in the development process, contributing, thus, to raise awareness about the social of Law. Deepening the specific debate is now proposed, will be presented the Movement "Law and Development" and the Movement "Rule of Law", seeking, then, organize and give some rationality to the existing theoretical framework, privileging, to this end, the consensus about using the Law as an instrument for promoting development. Finally, are outlined the main lines of the new Law and Development Movement who is in training, which tends to reconcile the errors and correct past tense, forming a program commensurate to the challenges contemporary society.
ASSUNTO(S)
direito desenvolvimento econômico estado de direito direito law and development. historical review. theoretical framework. academic movement. legal reform programs
