Teoria palco-platéia: a interação entre regulação e autorregulação do mercado de bolsa / Stage-audience theory: interaction between regulation and self-regulation of the exchange market
AUTOR(ES)
Luiz Felipe Amaral Calabró
FONTE
IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia
DATA DE PUBLICAÇÃO
08/06/2010
RESUMO
The thesis to be defended is that the institutionally structured self-regulation and legitimized by the regulation, is an efficient array to treat flaws and risks inherent of the exchange market. The paper begins with a description of the current self-regulation structure of the exchange market, highlighting its new institutional format, due to the demutualization process and IPO of the entities that manage the exchange market, and concluding with the need of the adoption of new perspectives regarding the subject-matter that transcend the apparent antagonism between liberal and interventionist conception. From this premise, the paper presents an overview of the history of self-regulation of the exchange market and considerations on the concepts of self-regulation in other areas of knowledge, for the purpose of identifying its variations and its most striking elements that will form the basis from which the new perspectives of analysis of the matter will be presented. The proposed views focus on the legal nature of the exchange markets self-regulation as a parastatal activity that seeks to achieve the neoclassic theoretical model of fair pricing, according to the free action of forces of supply and demand, and also improve the conduct standards in the market. Therefore, the paper proposes that decisions made within the self-regulation should be guided by material criteria based on theoretical postulations of perfect competition and in the requirement of the obligations derived from the objective good faith (information, loyalty and protection). Lastly, a preliminary and not final, theoretical speculation is presented, denominated stage-audience theory, which aims to situate the development of the self-regulation structure of the exchange market, as part of an essential matter of interaction between individual and society represented in various communication situations involved in individual and collective decision-making, which shape the standards of conduct, and public and private institutions.
ASSUNTO(S)
bolsa de valores direito comercial equities exchange market mercado de capitais mercado futuro regulation securities self-regulation self-regulatory organizations sro stage-audience stock exchange
