A defesa do desenvolvimento nacional pelo estado brasileiro no órgão de solução de controvérsias da OMC
The present study aims to examine the defense of development by the Brazilian State through its work in the World Trade Organization (WTO) and, more specifically, in the Dispute Settlement Body (DSB) of this international organization. The work is developed from literature research in the field o...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/24860 |
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| Resumo: | The present study aims to examine the defense of development by the Brazilian State through
its work in the World Trade Organization (WTO) and, more specifically, in the Dispute
Settlement Body (DSB) of this international organization. The work is developed from
literature research in the field of Economics, Constitutional Law, International Law and
International Economic Law and is divided into two parts. The first one, of theoretical tenor,
initially presents the concept of development in the economic and legal sciences, as well as
the international trade as a tool to achieve development. Then, it analyzes the insertion of
Brazil in the multilateral trading system designed by WTO. In this point, the structural and
normative aspects of this system are detailed, and also the criticisms directed at it are
observed, as a way of understanding the context in which it is inserted. The second part of the
study, with a jurisprudence focus, is dedicated to the study of cases in which Brazil has
participated as complainant and defendant before the DSB. This allows verifying whether the
balance of its participation in this system has been positive from the point of view of the
defense of its commercial concerns. First, it examines disputes not resolved by the jurisdiction
of the DSB and the disputes in which Brazil obtained a negative result by the decision of this
Body. It then examines cases decided by the DSB that have resulted in victories for the State.
On the basis of these elements, an attempt is made to obtain an overview of the regulation
imposed by the WTO on its members and, thus, to understand whether or not it has helped
Brazil achieving its commercial purposes, based on its development agenda. |
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