A posição do Brasil perante as normas da OMC: a necessidade de conformação da legislação interna ao Direito Internacional na decisão do DS472 e DS497
The present study analyzes the Brazilian government's alternatives to the decision handed down within the scope of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) through panels DS472 and DS497. At the time, it was established that the Inovar-Auto Program, among other...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/26562 |
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| Resumo: | The present study analyzes the Brazilian government's alternatives to the decision handed down
within the scope of the Dispute Settlement Body (DSB) of the World Trade Organization
(WTO) through panels DS472 and DS497. At the time, it was established that the Inovar-Auto
Program, among other investment measures adopted by Brazil, is incompatible with the
Agreement on Trade-Related Investment Measures (TRIMS Agreement) and, consequently,
with the GATT 1994. The problem raised by this judgment concerns whether Brazil should
abide by the obligation to conform its standards relating to the automobile industry to the
obligations stipulated in the TRIMS Agreement and the GATT 1994. Therefore, the purpose of
this paper is to present the obligations of the Brazilian State under the TRIMS Agreement and
and the provisions of the GATT 1994 in the scope of the dispute and, finally, to construct the
alternatives to Brazil, in view of the incompatibility of the Inovar-Auto Program with the WTO,
focusing on the need to adapt the Brazilian government's automotive regime to international
standards. The methodology used is part of the theoretical research in the doctrinal scope,
through a bibliographical review in the field of Economics, Constitutional Law, International
Law and International Economic Law, and the normative examination, where the provisions
referring to the TRIMS Agreement, the Inovar-Auto and the WTO Dispute Settlement System
are verified. Then, the jurisprudential analysis of the DSB is carried out, focusing on the case
faced by the Brazilian government and similar cases, where the arguments of the parties and
the judges' understanding are appreciated. The prospective analysis based on the study was
constructed in the last chapter, where it is shown that the adequate solution to Brazil consists
in complying with the recommendations of the judges, in accordance with the principle of the
primacy of international law, good faith and pacta sunt servanda and in order to avoid sanctions
by the European Union and Japan, by suspending concessions, which would cause economic
loss to the country. |
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