1

GLOBALIZATION,
NEOLIBERALISM AND RIGHT IN
BRAZIL

Arnaldo Sampaio de Moraes Godoy

Doctor and Master in Law from PUC / So Paulo

Hubert Humphrey Fellow at Boston University
Attorney of the National Treasury

NOTE OF THANKS INTRODUCTION

This work was presented at the Second Workshop of interculturalidad in Santiago, the University
of Chile. Thanks to Milka Castro (Universidad de Chile) and Raquel Yrigoyen Fajardo (Catholic
University of Peru). The chapter on the globalization of capital is designed at the University of
Chiang Mae, Thailand, at the XIII International Congress on legal Pluralism. Thanks to Melanie
Wiber (University of New Brunswuick), Gordon R. Goodman (University of Birmingham) and
Rajendra Pradhan (University of Nepal). The chapter on constitutional law was presented at an
event at the State University of Londrina.Thanks to Aylton Barbieri Duro (UEL- Londrina) and
Eduardo Henrique Figueiredo (PUC-PR Londrina). The opening chapter, linking globalization
and neo-liberalism, was presented at the event UNOPAR, Londrina. Thanks to Anna Luisa
Walter Santana and Ursula Lima, my orientandas. The general impressions which form the
conclusions were presented in the event UNISUL, University of Southern Santa
Catarina. Thanks to Sandra Lewis (UNISUL). Research on the theoretical foundations of
globalization have been implemented in academic year at Boston University. Thanks to
Catherine Tinker (Pace University, New York) and David Tarr (Boston University), the project
mentor. Health problems hampered the progress of the research, which was awarded a stay at the
International Institute of Legal Sociology in Onati, Spain. Thanks to those who treated me,
Milton Bocato and Antonio Carlos Morita. At Leila Moraes Godoy, my mother, for comfort
ever. At Larissa, who witnessed everything, all-knowing and all motivated.

SUMMARY

INTRODUCTION
1) Globalisation and neoliberalism
2) CAPITAL GLOBALIZATION AND BRAZILIAN LAW

2.1) CONSTITUTIONAL RIGHT

2.2) ADMINISTRATIVE LAW
2.3) LABOR LAW
2.4) TAX LAW
2.5) PROCESS RIGHT
2.6) CIVIL LAW
2.7) CONSUMER LAW
3) CONCLUSIONS
BIBLIOGRAPHY

Globalization has become a euphemism for Americanization.

oberto Mangabeira Unger, False Necessity, p. xxxviii

INTRODUCTION

G lobalizao

is a metaphor for our times which expresses

economic and cultural condition. Promotes the hegemony of capitalism and neo-liberal
perceptions, announcing an eschatology which establishes new ways of sovereignty, of human
relationships and idiosyncrasies. It boosts a radical neoconservatism. Causes reactions in tune
with Third

Way projects,

such

as

the

English

neotrabalhismo

and

the

US

neodemocratismo. Insults advocates of a radical democracy, a project that denounces the false
needs that globalization promotes. Globalization formats epistemic models, knowledge, also
shaping an unusual set of rules. Globalization dictates a different law, especially for peripheral
countries like ours. Brazilian law has been redesigned as a result of our integration in the
globalized world. The interface between globalization, neoliberalism and law in Brazil is the
subject of this study.

It will be primarily a survey of various explanatory conceptual

options of globalization movements. It sets out briefly the thought of Brazilian intellectuals who
were concerned with the subject, like Octavio Ianni and Milto n Santos. An archeology of
the global adjective use is made from the appropriation of the same by the schools of business
administration in the United States of America, in the 1980s draws up the imaginary regards
globalization, with stations in Franois Chesnais, Lenin, Perry Anderson, Karl Popper, Alvin
Toffler, Ulrich Beck, Fredric Jameson, David Held, Giovanni Righi, Danilo Zolo, Roberto
Mangabeira Unger, among others.
Globalization is mentioned as a discursive practice, especially as the
rhetorical aspects of your perception as capitalist stage of development. Based on Walter
Benjamin denounced that this is appropriated from the past, that history is prey to the present
circumstances. Based on Zygmunt Baumann, Anthony Giddens and Celso Furtado makes up a
socio-economic reading of the globalization process. Also in the context of historical thoughts,
announces the perspective of Francis Fukuyama, for whom the triumph of neoliberalism
announces the Hegelian conception of the end of history, tempered by nietzschiniano prediction
of the last man.
Set out the conceptual bases of globalization, the study considers it
as fragile. Opposes modernity and postmodernity, linking the latter to the globalization
process. In this sense, it questions the radical critique of reason, the delegitimization of
knowledge and aporia generated by the grand narratives crisis. But would not the mere
globalization chapter of a great narrative, as conceived by Jean-Franois Lyotard, in a study
presented to the Canadian government [1] ?
Evaluates the Marxist concept of economic determinism to assume
the advancement of relations between capital and labor, to the detriment of the latter. Briefly
work compares the stages of capitalism, focusing on commercial, industrial, financial and global
stages.
The book finca epistemological anchors Antonio Negri and Michael
Hardt, relying on the power of ideas in the Empire book to map the submission model imposed
on Brazil, with analysis of the subsequent reflections on our right. The work is slight reference to
Louis Althusser, the Gilles Delleuze, Felix Guattari and Joseph Stiglitz, in order to demonstrate
actions against globalization, later focusing on models of counter-hegemony proposed by
Boaventura de Sou s Santos .
We are studying the so-called global players, with special attention
in the IMF. With Perry Anderson's text-based work traces the contours of neoliberalism,
indicating the thoughts of Milton Friedman and Hayek. It is stated the neoliberal program. It
should be tight image of the models of Reagan and Thatcher. It describes the Washington

Consensus and the neoliberal measures of greater reach, like privatization moves. Makes it more
time-consuming reference right US, which is fond of neoliberal ideas. .. We study the effects of
the absence of state welfare when it comes to the development of neoliberal practices within the
United States This study highlights the emergence of globalist practices worldwide A light and
tight historical overview is shown where purposely They are used verbs in the historical present,
denouncing up a past that still operates in ourselves, demonstrating a superlative acronia.
It carries out a detailed survey of Roberto Campos excerpts in order
to qualify neoliberal thinking in Brazil, with special reference to the ideological ties diplomat
and senator who represented the farmers of Mato Grosso [2] .
Based on the Canadian Michel Chossudovsky study the effects of
IMF practices when work gets more proximity with the Brazilian reality. These are the topics
identified as c ombate inflation, privatization, regulation of society by the market, State
miniaturization. Quick Reference is made concerning the effects of these practices in the field of
social security and criminal law, international and environmental, the latter subsumed to the
problem of sustainable development [3] .
It should be an assessment of the effects of globalization and
neoliberalism in relation to the Brazilian constitutional model, which is in danger of having
merely symbolic constitution. Detail of the criticism of Roberto Campos to the constitutional
model of 1988. It is of note the contradiction between economic reality and legal space,
formatting the question of the opposition between lawyers and economists, based on Jos
Eduardo Faria. The following were the constitutional amendments that prove loss of rights, or
notionally won rights. That's when the work spells greater concern with the constitutional
amendment number 40.
Comments
to
state
crisis,
who
lives
a
systemic
ungovernability. Makes an approach regarding the deconstitutionalization process, reverse path
of the policy taken by the civil law, which in turn is increasingly constitutionalized, theme Pietro
Perling i eri studies, Ana Silver and Renan Lotufo. It looks at the perception
of constitutional realignment, as contemplated by Oscar Vilhena Vieira, identifying metaphor for
constitutional reform.
Problematises up the administrative right to consensual feature that
now forms reflecting the prevailing neoliberalism. Mention is made of the haste of the
privatization processes. It should be an informative overview on the subject of regulatory
agencies. It is thought the new Brazilian government model. Neoliberalism triumph of the relates
to the new system which is presented to the Brazilian public servant.
Draw up the paradoxes and aporias of labor law. It should be a
relationship between flexibility and globalization, between cleaning the CLT and neoliberalism,

between history of labor law and new constitutional amendments suppressing rights, as well as
projects to reform essential points of CLT.
Is linked to tax reform to IMF demands. It is alleged the decrease in
investments in basic and absolutely needy sectors, also as a result of intentions that we covenant
to that international organization. Reference is made of the relationship between tax law and
poorly designed fiscal policy rules. Perhaps even intentionally. Criticizes the regressivity of VAT
and the abuse of the Union in exactions institution typified as contributions, given the
unnecessary the allocation for those with other political entities of the federation. It analyzes
Brazil in all international economic agreements, especially with regards agreements
repercussions with the IMF on adjustments of the Brazilian economy, as well as the
consequences of such agreements in the national tax system.
Invent is the critical moment lived by the procedural law, which
requires a targeted model satisfativa to grant protection to mass society. It is admitted that the
Brazilian procedural law flirts with the procedural law of the common law institutes, especially
in touching the friend of the court figure, known as the amicus curiae. We question the purpose
of a new concept of time, the torment forensics, with the recurrent question of the slow pace of
justice gives us account. It should be light counterpoint between binding precedent and writ of
certiorari. It is alleged the dictatorship of the informatics of domination.
Is linked to globalization to specific questions of civil law, following
the example of bioethical issues and conceptual migration issues pertaining to the originally
civilstica topography, such as marriage. It discusses the role of ongs- non-governmental
organizations, this new order dictated by neoliberalism.
They are summarized trends in consumer law in relation to
globalization movement. A society that is perceived as risk tends to legitimize consumer
relationships with consumerist citizenship epithets and completeness of information apangios,
as can be seen in the axial issue of GMOs.
With some suspicion the dictates of reason denounced by postmodernity, since she can not do everything, although it is the only thing we have [4] , and given
to be enlightened is to laugh at himself Enlightenment [5] , the work that follows discusses the
truths that inform the Brazilian law. Globalization can promote well-being and progress, but
raises all critical when centered on governments or business groups [6] .
The postmodern political condition that involves us, parasite of
modernity, of whose dilemmas and achievements feeds [7] , suggests a permanent critique that
requires a suspicious analysis of democratizing conditions [8] , because globalization and
neoliberalism can give rise to a jurisdicista neocolonialism [9] . In summary, this study intends to

insist that contemporary Brazilian law can only be considered seriously within the broader
problems that accompany globalization and neoliberalism.

1. Globalization and neoliberalism

Globalization surprises, delights, scares [10] , performing various

forms of alienation, perceived as natural in civilizing process [11] . Surprises us with the speed
with which rearticulates our lives, enchants us with the promises it makes, scares us to show our
fallibility. You can see a fable globalization, whose belief is imposed; a perverse globalization,
tinting the living reality; autopian globalization, advertising a panglossianamente better
world [12] . Pessimistic angle (and realistic) tells us that globalization kills the notion of
solidarity, the man returns to the primitive condition of every man for himself, and as if we went
back to jungle animals, reduces public and private notions of morality to a almost
anything [13] . According to Anthony Giddens, the purpose of the expression globalization, it's
about (...) word that was not anywhere [but that] happened to be everywhere [14] .
Global has become frequently used adjective in American schools of
business administration in the early 1980s, when strategy and marketing consultants, like K.
Ohmae and ME Porter led seminars at Harvard, Columbia and Stanford, oriented international
projects [15] . There was talk at the time of a world without borders, at the mercy of a triadic
power [16] , represented by the United States, the European nations that then processed a
unifying movement of economies and Japan. Models were definitely political co-opted by
financial interests. This is the history of capitalism in permanent imperialist expansion [17] ,
centered opportunistically in supra-national level [18] at a time of expansion and
reorientation [19] .

The imaginary linked to globalization brings us also to various

metaphorical nuances [20] . We have the globe as astronomical figure, and difficult to acceptance
by the dominant Catholicism in the Middle Ages, training period of a Western legal tradition
instructed by romanstica shed [21] and oxygenated by the development of capitalism [22] . It is
thought a starring world of a story that progresses [23] in achieving liberating civilization
project [24] . It is a new wave that resizes space [25] , explaining the geomorfismo of a global
village. Underpinning all of this movement is the extensive and intensive development of
capitalism in the world [26] . Lever up the politicization of relations, as entrepreneurs is allowed
full domain of bargaining power; companies has central role in shaping the economy and society
itself [27] .
It can be seen globalization in technological terms, in that
cybernetics information flow outlines [28] amending of production and consumption
schemes. From the political point of view globalization recontextualises sovereignty, waving
democratic models that predict new balance of power and that is markedly very
subtle [29] . Culturally, exchanges shape the paradox of creative destruction [30] , full of dreams,
nightmares and skepticism [31] , identifying an instruction imperialism that is characteristic of
capitalist cultural niche [32] .
Economically, opposes the southern hemisphere of the misery the
discomfort of the northern hemisphere wealth, circumstance administered under severe
ideological pressure and promotes us to distrust, since globalization is a convenient myth to a
world without illusions, but also a Myth stealing hope [33] . The social reflection of all this
results in the caesura between holders (haves)and dispossessed (have-nots), the latter, the
protagonists of the horrendous images presented in the media with the destruction of labor and
jobs [34] .
It is the triumph of the market, supposedly pragmatic explanation of
a subtle rationalism, while progress of the vehicle [35] . So, (...) in these spaces of rationality,
the market becomes tyrannical and the state tends to be impotent. Everything is arranged so that
the hegemonic flows run freely, destroying and subordinating other flows [36] .
Just as there is no authority without democracy, there is also no
rights without responsibilities [37] , so the cost of peripherization result of imperialism [38] turns
one day against the very agents of global capitalism. It is not clear portion of increased
population with access to new patterns of consumption [39] .
Globalization is discursive practice and accordingly its supporters
appropriated from the story, using the Clio discipline to justify its truths suspicions. It is
presenteeism, radically subjectivist view historiographical [40] . Globalization was the result of

an evolution that goes back to the first man drives on earth [41] , the perception of its greatest
enthusiasts, that this study will more forward play, jokingly.
This is particularly complex in the context of legal historiography,
since it has ample repertoire of global normative justifications; It is that this looks to the past
and there is your image, as one sees in the mirror [42] . The historian sympathetic to
globalization is the valley of the past for which gives a tiger jump, appropriating what interests
you in the delightful image of Walter Benjamin, in his fourteenth thesis of the philosophy of
history [43] . A historical poetics of Hegelian flavor [44] plasma one historicism
progress [45] which raises criticism marked by epistemological questions who doubt the
objectivity of the narrative [46] .
It is in this historiographical environment that seems to triumph the
thesis of Francis Fukuyama, who live the end of history and the time of the last man [47] . With
the victory of democracy and neoliberalism, especially after the fall of the Berlin Wall, they were
buried all utopias. The story would definitely be held at the rebuke, and the defeat of
socialism. There would be more room for exogenous solutions to liberal democracy [48] and
therefore unnecessary and superfluous all political struggles. Fukuyama becomes the glad tidings
of the victory of liberalism. Based on the Hegelian tradition which called the end of history, in
some appropriate manner by Marxism, for whom the story agonizaria with the dictatorship of the
proletariat, Fukuyama took the concept of Marx to bury Marxism.
Formalizes to the advancement of the American right [49] now
justified in the fight against international terrorism [50] , the epicenter of the Bush doctrine [51] ,
which lends itself to carry out all the ideas the American Conservative [52] . A supposed global
prosperity pressagiaria a different world, shaped by new hegemonic guidelines, ignoring the
values established in the international legal form of Westphalia peace with invisible cartography
without borders [53] : beyond history, geography also dies ...
The growth of US neoconservatism is simultaneously a new concept
emerging in the Democratic ranks. The Republican Party of George W. Bush, heir to the state
minimalism programs of Ronald Reagan and Richard Nixon interventionism rests in the fight
against international terrorism, in favor of optimization of domestic security call (home
security). In the United united the Republican Party born radical, with reformist tone, strong in
the southern Democratic causes, such as the fixing of Lincoln with slavery issue. The US
Republican Party trans formed over time. Hosted non-interventionist policies of Herbert Hoover,
Eisenhower's conduct during the bipolar world of the Cold War, the era Nixon, Ford, promoting
liberal economic revolution of Reagan, led by Greenspan, reaching its peak with the absolute
militarism of Bush, father and son in Iraq and Afghanistan. It is, however, an international
anarchy that the United States can no longer control [54] . And along the dis s, there is the

international opposition to the economic concert orchestrated by the United States, like the
protests of Seattle groups, anti-globalization [55] .
Democrats already carry interventionist tradition and regulatory
legacies of the New Deal of Franklin Delano Roosevelt program. More prone to popular causes,
the Democratic base is recurring in the Kennedy and Lyndon Johnson programs, on the big
issues of equality and civil rights in the planisphere of human rights Jimmy Carter and relative
economic stability of two terms of Bill Clinton. John Kerry The rise anchor up this ideal, since
the Democrat from Massachusetts presents itself in favor of affirmative action, abortion, opposed
to the death penalty, the privatization of the social security system, an FTAA that despise
environmentalists and juslaborialistas aspects. Optimism about globalization, however,
contaminates Republicans and Democrats.
However, this optimism toward globalization is based on very fragile
conceptual bases [56] . Globalization would be a consequence of modernity [57] , with troubled
relations with the construction of the self [58] ambiguously marked by own destruction [59] .
Mold is an identity that is not recognized by speeding up the process of estrangement with the
world. As to reduce distances and paths, are increased bias and ambiguities.
Postmodern [60] would be the philosophical equivalent which lends
itself to theorize the core surrounding globalization. While modernity was seated in admiration
for a high culture [61] , the sophisticated art [62] , the originality [63] , in the form attached, to
the classic [64] , the hermetic, in opposition to the public, postmodernity would be determined by
accepting a banal culture, anti-art aporia, the pastiche [65] , for the content, simplification, by
minimalism [66] , for easy understanding by the public participation. A vigorous denunciation of
abstract reason [67] clashes with the idea of order as a job to do [68] and the radical critique of
reason pay a high price for farewell of modernity [69] .
The delegitimization of knowledge [70] confused with the
legitimacy crisis of advanced capitalism model [71] , who fights in sufragar more public
connotation of political environment [72] facing the dichotomy between truth and moral [73] . It
operates epistemic status of deconstruction of disciplinary boundaries [74] , amalgamated
maliciously by discursive condition of horror consensus, as odious remnant of
totalitarianism [75] .
Marxist premise that it is accepting realize that certain technological
determinism with us the advance of capitalism [76] , has that contemporary practices that
afeioam globalization stem from the direction taken by the imperialist pragmatic, of course,
with the historiographical caveats already noted.
Radicaria the naked globalization m age-old colonial
system [77] that developed in the fifteenth century to the eighteenth century in the context of

commercial capitalism, and that oxygenated a form of political domination [78] in which the
European subjugated America [79] in the search for precious metals and exotic tropical
genres [80] .
In the nineteenth century, the plot of industrial capitalism [81] ,
financial, monopolistic, competitive and warlike, unfolded a model of political and economic
domain, formal and informal, that genufletiu African people [82] , Asian [83] and
American [84] in search of consumer markets, raw materials easily accessible and fields to
secure investment.
From the Cold War decline perceives global mold capitalism, which
knows no borders, it perceives poverty as deprivation of capabilities [85] and hand-chasing
cheap labor, environmental reserves, investment centers and export issues.
Intriguing
study
of
Antonio
Negri
and
Michael
Hardt [86] . Empire as pointing to a form of power globalized world empire would be different
from imperialism in that in the latter there is war between the powers; Empire in a hierarchical
structure that reaches the United States, the rich countries of the European Union, Japan, the big
banks and international corporations exercise power through global actors, such as the
International Monetary Fund and the World Trade Organization.
According to Negri and Hardt, Empire is the sovereign power that
governs the world [87] . The United States would occupy a prominent position [88] ,
the police power, and that contemporary wars are clear evidence, as they take the sense of just
wars [89] . Accruing recent conflicts in Afghanistan and Iraq confirm the plausibility of the
assertion. Ideologically, draws up the empire as a permanent, eternal and necessary [90] . Negri
and Hardt show the bankruptcy of Hans Kelsen project, carried out in the formation of the
United Nations, as a power that transcends the nation state [91] .
The an alleged hegemony of the United States, marked by an empty
representation huge for peace postures [92] , the control manipulation mechanisms Stylish
invective Althusser[93] , there remain many alternatives of resistance, like the rhizomes proposed
by Deleuze and Guattari [94] .
Realizing the meaning of rhizome such as strength, it is that we
discuss this issue permanently global capitalism. It is that globalization is based on false myths
like the idea that themarket demands, totally out of sense, given that the market is being
inanimate, formed by specific people organized in classes such as executive [95] .
But the most significant conceptual focus of resistance to
globalization is based on the design of Roberto Mangabeira Unger, Brazilian living in the United
States, where he teaches at Harvard. Brazilian Intelecutal certainly most admired and commented

abroad, Mangabeira (...) such as Edward Said and Salman Rushdie (...) is part of the
constellation of intellectuals of the Third World active and respected in the First, without having
been assimilated by him whose numbers and influence are destined to grow [96] . Also according
to Perry Anderson, Mangabeira is a sharp critic of our 1988 Constitution, by offering fictitious
rights and expand both the legalization of parts of military law [97] .
Mangabeira made his name as a leading figure in the critical legal
studies movement, associated with the counter culture and politics of the new American left,
drawn from the 1960s in the United States [98] . Drafted the text which is reputed as the
manifesto movement, noting that random om undermined the central ideas of modern legal
thought, promoting another conception of law (...) which implies a vision of society and that
informs a political practice [99] . critic of liberalism, Mangabeira had written that the
aforementioned liberalism is the guard watching us in prison [100] . I protested by a conceptual
framework that allows us to differentiate the right as a universal phenomenon forms as
manifested in different types of society [101] .
In the introduction to his work False Necessity, Unger lined an
alternative and radical project to Marxism, social democracy and neo-liberalism. For Unger, it is
not a third way in Giddens-Blair mold; it is a duplicate, since only one way, slowed down or not,
is now offered worldwide [102] . It defends a creative posture, strengthening democracy, the
radicalization of a practical and constructive involvement, fighting all deterministic models that
enslave us and make us prisoners of the alleged rules that articulate the abstract idea of the
market, and driving forces of the various social models there.
Globalization theory focuses on neo-liberalism, the unrestricted
market dominance Herald [103] , here reported. Critical's medularmente sectors linked to the
globalization process.For example, Joseph Stiglitz, winner of the Nobel Prize in Economics in
2001, which had exerted important positions at the World Bank, darted that neoliberalism broke
promises and that fundamentally does not guarantee freedom of choice [104] .
Globalization raises a pragmatic environment that fosters an
international movement of economic reforms [105] in favor of the interests of the empire, to take
up the image of Negri and Hardt. The Empire makes use of global players, from global players
such as the International Monetary Fund and the World Bank, to ensure favorable conditions for
the development of capitalism defending, centered on freedom of premises [106] , the criticism
of totalitarianism [107] , the dichotomy between capitalism and socialism [108] moments
currents shaping one human society supposedly the result of an association of persons seeking
cooperation [109] .
Then lives the world an evergreen environment of financial
instability. The international competitiveness presses the relations between capital and labor in

desideratum to ensure up hand-cheap labor. Pressured by the IMF states linked to international
lending increase their tax tax bases without a consequent rise in services that can provide and the
functions that can develop: the curse of the fiscal crisis.
There is a state of crisis, which is structural. Hence there is a
governability crisis, marked by a systemic ungovernability. Campaign promises are not realized
and particularly in Brazil is a clear ideological and programmatic weakness of political
parties. One gets the impression that the opposition to take power exchange programs with the
situation, which goes on to criticize what yesterday defended, while the opposition in power
passes to practice yesterday criticized. And the situation does not constitute mere wordplay.
Vociferous current issues such as tax reform, GM and exercise the
right to strike illustrate these reflections, prompted by the analysis of performances of Presidents
Fernando Henrique Cardoso and Luiz Inacio Lula da Silva, one academic and intellectual pose,
the latter union and more realistic approach. Impressive legislative inflation, marked by the
proliferation of constitutional amendments, provisional measures and common law marks the
moment, promoting the disenchantment of the administered to the administrator.
The neoliberal policy agenda performs a split between state and
citizen. A reciprocal indifference tinting the relationship between the individual and power,
circumstance easily understood and observed with very low levels of popular interest in voting
and participation in political debate. One gets the impression that the state no longer worry about
the people and that individuals avoid any non mandatory contact with the sources of power.
It operates a reversal of Weber's assumptions around the
bureaucracy. If this had been brought to rationalize domination [110] , more typical example of
the legal domain [111] , manifestation of modern society [112] , we find the failure of another
promise, to the extent that the bureaucratic environment seems acolitar the perverse effects of
globalization, impessoalizando the patterns of domination.
Neo-liberalism is the conceptual substrate that characterizes the
economic model of globalization. According to Perry Anderson,
Neoliberalism was born soon after World War II, in the region of
Europe and North America dictated by capitalism. It was a
theoretical and vehement reaction against the interventionist state
policy and welfare [113] .
With the end of World War in 1945 the victorious capitalist model
raises the presence of an even interventionist state, marked by a broad range of activities in
economic life [114] .However, the war had shown the danger of totalitarian regimes, which had
exaggerated the economic intervention and state guidance.

The core of the neoliberal thought so rooted in the systematic

denunciation of the evils caused by the high level of intervention countries. Consequently, along
with the compliments paid to capitalism and free competition, the theoretical aspect of
neoliberalism criticized and harassed any order of thought committed to the dictatorial
adventures.
It is in this environment that Karl Popper denounced the socalled enemies of democracy, which lists, listing Plato, Hegel and Marx. Popper binds the three
thinkers that reputation as a conceptual plan historicism, in the sense that these philosophers
have conceived societies marched to an end. The philosopher king of Plato [115] would be
despots prototype that concealed clarified. The historicism of Hegel [116] , based on the idea that
the story unfolds in spirit, who performs, justified perception that there is meaning in the story
itself, which lacks leader that drive. The Marxist precept, that history march to victory of the
proletariat, synthesis of deterministic sociology [117] of the author's Capital, Popper gets the
most violent criticism for promoting any concrete movement of the international proletariat.
The virulence of neoliberal thinking is targeted specifically to any
model of economic superplanificao and accordingly Friedrich Hayek is the most important
theoretical and articulator movement [118] . Brilliant representative of the second generation of
the Austrian School [119] , Hayek relentlessly criticized the state of social welfare and the model
of Keynes, English economist born in 1883 had conceived alternatives to the rule of laissezfaire [120] , during the years of economic depression, most dramatically suffered by the United
States.
The seminal text Hayek, poured into Portuguese for The Road to
Serfdom, again according to Perry Anderson,
It is a passionate attack against any restriction of market
mechanisms by the state, denounced as a lethal threat to freedom,
not only economic but also political. The immediate target of Hayek,
at that time, was the English Labour Party on the eve of general
election 1945 in England, that this party effectively win [121] .
Hayek said that the fact that much of progressive thinkers have
joined the socialist ideas did not mean they had forgotten what the liberal thinkers have said
about the consequences of collectivism [122] . Based on the deeper meaning and representative
of the idea of freedom [123] , Hayek obtemperou that the accession of progressive socialism
stemmed solely from a false idea of freedom and expectation [124] , a large utopia ( the great
utopia ).
The lust for state planning would raise an unusual desire for a
dictator, what actually happened in Germany [125] . The state's presence in the economic model

promotes the creation of monopoly regimes, determining privileges [126] , which must be
fought, since they determine dysfunctions that result in the impoverishment and economic ruin of
States who admit the proliferation of these heinous schemes.
The negotiating freedom is paramount in the thinking of Hayek, who
advocated a minimal state as a condition for development. The man, the human person must be
guaranteed the right to choose, opting for the profession, by economic activity, choosing among
the various forms of life, which seems to him best [127] .
This freedom, fostered by a guarantor State the exercise of economic
activities, formats the exact contours of a desirable political organization. The state requires only
that do not interrupt, do not bother and no limit. The state, in view of Hayek, just watch the free
market, magisterially, promoting free competition and guaranteeing better able to win the game
in capitalism.
Right at the end of World War II, F. Hayek convened and held a
meeting in Mont Pelerin, Switzerland, attended by Miltom Friedman and Karl Popper, among
others, founding akind of neo-liberal Freemasonry, dedicated and highly organized,
international meetings every two years [128] . According to Perry Anderson, referring on the
Mont Pelerin Society,
Its purpose was to combat Keynesianism and the reigning solidarism
and prepare the ground for another kind of capitalism, hard and free
rules for the future. The conditions for this work were not all
favorable, since the advanced capitalism was entering a long-peak
phase without precedentes- age of gold- showing the fastest growth
in history (...) [129] .
According to a copyright, commenting on the work of Hayek and the
role of the intellectual group of the Mont Pelerin Society,
(...) D Frie August von Hayek rich (...) aimed to combat
totalitarianism nsito socialism, Nazism and fascism (...) Under the
ground that the equality provided by the well of State be undermined
social freedom and competition, the members of the society [of Mont
Pelerin] started to highlight the inequality as a positive value to the
West [130] .
Miltom Friedman also significantly represents the core of neoliberal
thinking postwar. One of the most important exponents of the Chicago School [131] , his bestknown text isCapitalism and Freedom . Friedman strongly supports the relationship between
economic and political freedom [132] . According to him, economic freedom is an end in itself,

as indispensable means of obtaining and holding of political freedom [133] . Their profession
focuses on classic passage
The free man will not ask what your country can do for him nor what
he can do for your country. It will ask 'what I and my compatriots
can do through our government "to help us reduce our personal
responsibilities to conquer our goals and purposes, and above all, to
protect our freedom? [134]
Freedom is an expression that most characterizes the neoliberal
movement in its infancy at the expense of own equity, so the inequality becomes a positive
value. Combat is the interventionist ideas of Keynes, the state social welfare, accused of
destroying the freedom of citizens and the living force of competition, endangering the general
prosperity [135] . Later, neoliberalism might forgo political freedom for the sake of economic
freedom, which became maximum, similarly to justify the approach of neoliberalism with
dictatorial models.
For two decades the neoliberal thinking hibernated while the
development of capitalism conditions during the Cold War is optimized. Were twenty years of
spectacular progress to the United States and for pa e ses capitalists of Western Europe.
Any advances of the Soviet model (as has occurred in the nuclear
and space race) were belittled by the allegations of what was on the eastern side of the Iron
Curtain, and the events in Prague in 1968, are very suggestive in this respect.
The oil crisis in 1973 rocked what was believed as the solid
foundation of the capitalist model. The arising recession, unemployment and the slowdown of
business activities waved to a presumption that envisioned the incompetence of the state social
welfare. The increase in social spending by the state has become a chimera. The immobilization
of those costs, subject to budgets committed to strategies to combat energy crisis, made room for
a resumption of neoliberal ideas, which seemed to make concrete options to be done against the
violent crisis.
Tax reforms subordinated to budgetary disciplines [136] began to be
contemplated under the proposed Hayek and Friedman, defenders of the rule of downsizing
process. The proselytizing around the neoliberal wave of the season won the American
conservative republicanism, crystallized in the Reagan Revolution [137] and epitomized a new
right which demanded lower taxes for the wealthy [138] . The right to be square ( hip to be
square ) went on to set up a new mode of action, which described conservatism which reflects a
certain discomfort with the advances of more progressive sectors of American society.
And conservatism advance was consolidated,

(...) In 1979, the opportunity arose. In England, the Thatcher

government was elected, the first scheme of an advanced capitalist
country publicly committed to implement the neo-liberal program. A
year later, in 1980, Reagan became president of the United States. In
1982, Kohl defeated liberal social regime of Helmut Schmidt,
Germany. In 1983, Denmark, State model of the Scandinavian
welfare fell under the control of a clear coalition of right
(...) [139] .
The pursuit of monetary stability has become the most objective
pursued by these conservative forces now in power. Simultaneously, the labor protection model
is dismantled, some states, leading to restoration of a healthy unemployment rate (sic), seen as
natural, a sponsor of a labor reserve army, responsible for the decrease of wages and consequent
expansion profit margins. Tax aseptic procedures fulminavam pathogens limiting the advance of
economic agents, suffocated by the state social welfare.
Of course, the internal conditions in the United States were different
environment than Western Europe lived. The American socialist tradition was anemic and
harmless. The spectrum of the Cold War still haunted the country, which elected the conflict with
the socialist world as a crusade that should be won at any cost. Circumstantially two Republican,
Nixon and Reagan, and staged two major cartadas that game. The first approaching China and
the latter liquidating the Soviet hopes that shook since the invasion of Afghanistan in 1978.
It was about the scenario that presenciaria the decline of the Cold
War, increasing to inevitable tensions to be deployed in the Baltic, Serbia, Croatia, the
reunification of Germany, Japan and the role of the Asian Tigers in the first gulf war, Lebanon,
perennial tribalisation Africa, delivered the sort of American manipulation in the management of
ancient conflicts. Latin America lost the geopolitical importance and now begs for the US not to
leave her, reshaping the motto, which happens to be the bizarre Yankee, do not go home ... [140]
In 2000 the reality was too different and the United States had not
consolidated the role they thought the story have booked them. The extreme right represented by
hawks ( hawks ) is sprayed between neo-conservatives, the Christian right and the militarists
classic Dick Cheney and Don Rumsfeld [141] , celebrated by Ann Coulter [142] and ridiculed by
Michael Moore [143] . The terrorist attacks that the Americans suffered in September 2001 the
ideologically instrumentalised, strengthening them to cross that followed in Afghanistan and
Iraq, with cooptation of certain political spaces in Europe (specifically in England and Spain),
confirming the incorporation of Western Europe in the US state networks of power after World
War II [144] .

The US Republican right enshrined neoliberalism, internally

carrying out programs that M. Thatcher brought forward in England, such as the control of
financial flows, anti-socialist laws, a drastic reduction of spending on social programs,
decreasing taxes on high incomes. The justification for implementing these programs goes
through an aggressive foreign policy, unsuspectedly intolerant tone, focused on apocalyptic logic
that there is danger to be faced at any cost. Terrorism is a hostage of US propaganda.
Anyway, and now the 70 offers panorama for analysis, the neoliberal
project had proved victorious at that time, achieving success, reviving the advanced capitalist
world, restoring high rates of stable growth as they existed before the crisis of the
70s [145] . And even in media and ideological terms, the defeat of socialism fueled the belief in
neoliberal values. As if the fall of the Berlin Wall, the glasnost and perestroika confirm the
supreme ideal of free market, that demonstration effect pointed out by Perry Anderson, as
follows
The continued dynamism of neoliberalism as an ideological force
worldwide is sustained largely today, for this demonstration effect of
the post-Soviet world. Neoliberals can boast of being the head of a
gigantic socio-economic transformation that will last for
decades [146] .
With a little more acidity, Oscar Correas realize that the only success
of neoliberalism at the end of the last century would not be in their economic successes, not seen
by the way nowhere. But in estupidizao the world who believe in insults that neoliberalism
promotes, extracts of an educated society in the absence of solidarity, lies and death [147] .
One gets the impression that the hegemonic neo-liberalism survives,
sacralized in the United States, Western Europe, allowing more animated episodic outbreaks also
the example of Berlusconi's triumph, the Italian Reagan. Neoliberalism sat in Pinochet's Chile,
Mexico Salinas, Argentina Menen in Perez of Venezuela, Peru Fujimori. The emergence of these
figures is part of a larger historical and geopolitical framework that has developed throughout the
twentieth century [148] , especially since the end of World War 2 in 1945, but dating back to
1776, when Adam Smith published hisThe Wealth of Nations, the same year that the Americans
separated from the English in a broad Atlantic revolutions frame, also felt in 1789 when the start
of the French revolutionary saga.
The publication of the Capital of Marx in 1867, marked a
problematising reading of the capitalist model. The welfare state model that Bismarck introduced
in Germany in 1882 is certainly of interventionism absolute reference system. Guerrou is also
against a supposedly capitalist savagery, and it is proof the Sherman Anti-Trust Act , 1890,
consolidated in the US with the presidency of Theodore Roosevelt, also remembered for the

exotic, the extravagances and his adventurous spirit, qualities They led the US President to
Amazon. The twentieth century known liberal reforms in England in 1906, that made up one state ambulance ( ambulance state ). In 1911 China experienced a revolution that has
prematurely announces Mao's march in the 1930s.
The war getting or d in 1914 I end the golden age of international
trade. Three years later, in 1917, the Russian Revolution begins the realization of a Marxist
project. The following year, in 1918, is initiated when the first war appeasement process,
embodied in the Treaty of Versailles, a pact that fed the German revanchism and oxygenate the
National Socialist preaching in Germany. Also in 1919 the British Labor Party intensively preach
the nationalization of key sectors of the British economy. Nationalism also inflates the Chinese,
who rebel at the square of Heavenly Peace, which receive large worldwide attention in 1989 with
the revolt of the young students.
Lenin, from 1921 rectifies more orthodox communist practices with
a view to give yourself a step back in order to give up two steps forward , allowing some private
activity through the regulation resulting from the call NEP- New Policy economic. At the same
time, Ludwig von Mises published his work of critique of socialism, spreading the liberal model
born in Vienna with the Austrian School called, which will then be co-opted and developed by
the Chicago School. In 1927 the state planning reaches its peak with the model of Stalin, who
that year cemented his personal command in the Soviet Union.
In 1929, the first year of a Soviet five-year plan, the val bag the res
of New York live your great debacle, announcing the depression years, which will be outlined by
models of state guidance, later consolidated in the work of John Maynard Keynes. In 1933 the
Democrats win the elections in the US and Franklin Delano Roosevelt begins his national
reconstruction program, which undermined the orthodox liberalism. It creates the US Securities
and Exchange Commission and the Tennessee Valley Authority , some interventional measures,
which suffer from the Supreme Court opposed that country. Meanwhile, across the world, from
1934, Mao begins the long march which will culminate with the Chinese communist
revolution. In 1936 John Maynard Keynes published his The General Theory of Employment,
Interest and Money , based book for formatting interventionism.
China and Japan went to war from 1937. The following year, in
1938, Mexico nationalized the reserves and oil exploration, a move that would be unthinkable
today. Also in 1938 the United States come to put intensive supervision and regulation of
commercial aviation, through CBA-Civil Aeronautics Board , a body that is cut off four decades
later, amid the wave of neoliberalism. In 1939 the Germans invaded Poland; begins the 2nd
World War. Two years later, after the Japanese attack on Pearl Harbor, the US entered the war
episode that boosted the economy of the country, which since the 1914 conflict, has exerted

world hegemony. Also in 1941, Altiero Spinelli, who was arrested by the fascists on the island of
Ventonene, wrote his famous manifesto that urged the need for the European Union.
In 1944 Friedrich von Hayek published his seminal work, The Road
to Serfdom , relentless denunciation of state guidance, the outlines of which have been
highlighted in this paper. That same year it created the World Bank, through the Bretton Woods
Conference. The Allies proclaimed themselves winners of the war in 1945. Clement Atlee won
elections in England, for indignation of Winston Churchill. With Atlee's Labour party takes
power, formatting and launching the most complete and stado social welfare that we know of,
and that will last until the return of the conservative Margaret Thatcher.
Jeann Monnet, old cognac dealer, articulates a restoration plan for
France, dreaming openly with a united Europe. In India, Nehru published his The Discovery of
India , which would exert intellectual importance in african-Asian decolonization
process. Keynes died in 1946, shortly after having negotiated with the United States a loan to
England. Miltom Friedman, Avatar state minimalism, was appointed professor at the University
of Chicago. Europe is experiencing an intense crisis, and the United States manage the process
through the Marshall Plan, designed for the reconstruction of the old continent. India freed up
from England and Nehru will be the prime minister. English interventionist model intensified in
1947 due to the nationalization of the coal industry.
In 1948 the Soviets set up a blockade on Berlin, a fact that
culminates in the division of Europe. West Germany, under the economic leadership of Ludwig
Erhard, ended the price controls, leveraging a saving social market , which gave the outlines of
the German economic miracle. In 1949 the Communist forces of Mao triumphed in China,
establishing a popular republic, while Chiang Kai-Tchek fled to Taiwan. In 1950 has been started
the Korean War, an important step in the context of the Cold War, which entails the theory of
dominos, US perception that denounced the communist victory anywhere would cause an
immediate and chain reaction, to the detriment democracy, liberalism and capitalism.
In 1952 died Evita Peron. I S husband, Juan Domingo, goes into
exile after dramatically nationalize the Argentine economy. Three years later, in 1955, at the
Bandung Conference, under the influence of Indonesia, rehearses up an international policy
based not aligned. In 1956 Soviet troops violently repressed demonstrations in Hungary. That
same year, the Suez Canal crisis sowed discord between the Western Allies. The following year
created the Deutsche Bank, designed to combat inflation which then drew. Also in 1957 the
Treaty of Rome continued a process of rapprochement between the European countries, going
back to Spinelli and Monnet. From 1958 to 1960 the Chinese Communists attempted to develop
a forced development process, called the big step forward.

In 1961 it has initiated the process of industrialization in South

Korea under the leadership of General Park Chung Hee. In 1962 Miltom Friedman published a
classic neoliberal thought, Capitalism and Freedom. The following year, 1963, Kennedy was
assassinated in Texas. His successor, Lyndon Johnson, launched a plan to combat poverty. In
China, discloses the red book of Mao, the Cultural Revolution premonindo to be launched in
1966. In 1968 Richard Nixon was elected US president. That same year Soviet tanks laid siege
Prague, the center of a movement for socialism with a human face. In 1970 the socialist Salvador
Allende came to power in Chile, launching an intensive program of nationalization of the
economy.
In 1971 Nixon declares Keynesian, promotes the control of prices
and wages, puts an end to the gold standard tied to the US dollar, ending the model of Bretton
Woods. It is one of the biggest defaults in history. In 1973 Britain joined the European Economic
Community. The world is the first major oil shock. In Chile, General Pinochet led a coup that
initiates a rapid process of neoliberal reforms, under a tinted backdrop of rigid dictatorship. In
1974 India announced that dominates the nuclear energy. The English know a strike by coal
miners. Friederich von Hayek shares the Nobel Prize with Gunnar Myrdal, recognized and
Keynesian assumed. In 1975 Margaret Thatcher defeats Edward Heath and becomes leader of the
British Conservative Party. That same year, oil companies are nationalized in Saudi Arabia,
Kuwait and Venezuela. Mao died in 1976. Still in the same year, Miltom Friedman was awarded
the Nobel prize for economics. In 1977, under the leadership of Alfred Kahn unleashes the
process of deregulation of the US civil aviation.
In 1978 the Polish Cardinal Karol Wojtyla became Pope John Paul
II. Deng Xiaoping became China's top leader, promoting a process of structural reforms to the
free market and free enterprise. In 1979 Margaret Thatcher becomes chancellor in England. The
Iranian fundamentalist revolution unleashed a second oil crisis. In 1980 the ultra-conservative
Ronald Reagan was elected US president. In the same year, the trade union Solidarity rises in
Gdansky and mesmeriza Poland. In 1981 Franois Mitterrand became the first Socialist president
of the French republic. In 1982 Margaret Thatcher receives strong popular support after beating
Argentines in the Falklands. Between that year and 1985 died three Soviet leaders of the old
guard: Brezhnev, Chernenko and Adropov.
In 1984 Indira Gandhi was assassinated. England telephony was
privatized. In 1985 Gorbachev begins the perestroika and glasnost , carrying forward reforms in
Russia. Margaret Thatcher suffocate the miners' strike and consolidates its neoliberal project. In
1989 the Chinese young reformers protested in the square of Heavenly Peace. That same year he
collapsed the Berlin wall, giving an end to the odious division of Europe. Still, Carlos Menem
won elections in Argentina and initiates an intensive program of neoliberal reforms. The 1990

elections led Lech Walesa to power in Poland; Chile, the victors kept the pace of neoliberal
reforms, initiated by uncompromisingly Pinochet. Also in 1990, Iraq invaded Kuwait. The
following year, the world witnessed the Gulf War, broadcast onCNN , which aired unprecedented
coverage.
In 1991 the Soviet Union disintegrated. Boris Yeltsin became
president of an independent Russian federation. The Maastricht Treaty was signed, providing for
the monetary union in Europe. That same year, Alberto Fujimori defeated author Mario Vargas
Llosa in Peru's elections. In 1992 Russia begins intensive privatization programs. United States,
Canada and Mexico make upNAFTA , North American Free Trade Agreement . In 1993
Democrat Bill Clinton took the presidency of the United States, engaging a program that
borrowed ideas from his Republican opponents, like the preaching around the end of big
government . The following year, Fernando Henrique Cardoso launched the real plan in Brazil,
which strengthened and secured its path towards the presidency of the country.Also in 1994
formulated the World Trade Organization.
In 1997 Hong Kong returned to Chinese control. Tony Blair wins
elections in England, leading a labor party with much modified feature, acicatando aspects of the
Conservative party program, such as privatization and the free market model. A violent crisis in
Southeast Asia undermines the international admiration for the Asian tigers. In 1999
the euro becomes the transitional currency in continental Europe. In 2000 Vicente Fox wins the
elections in Mexico, intensive neoliberalism formulating a policy. George W. Bush, with support
from the US Supreme Court, wins the presidential elections in the United States. In 2001 the
Americans have the terrorist attacks in New York and Washington. The euro becomes the
European currency in the world. Three currencies enshrine the neoliberal victory: the euro, the
dollar and the yen.
The version above intentionally designed points to the apotheosis of
neo-liberal thinking. Such ideas were dissemidas between us, first with some resistance from the
military interventionism and left, later assimilated in the mandate Fernando Henrique Cardoso
and later in the Lula presidency. Under restoration read one, in Brazil neoliberalism had Roberto
Campos as one of its most lively and well educated supporters. Solid humanistic, educated in
seminary, and Hellenistic Latin scholar, Roberto Campos was defined when he arrived at Rio de
Janeiro as a scholar illiterate [149] .For contest he entered the Foreign Ministry and lived in
Washington in the last days of World War II. As the third secretary of the Brazilian Embassy
attended the Bretton Woods Conference, from 1 to July 22, 1944, then knowing the English
representative, Lord Keynes [150] . Roberto Campos studied economics at George Washington
University, engaging in endless evenings in the Library of Congress.according to him,

Washington during the war was exciting because it had become

capital of the world, given the extraordinary prominence of the
United States in the conduct of military operations, on the strength
of its war production and supply capacity two allies [151] .
Roberto Campos attended the UN creation [152] , he returned to
Brazil, accompanied the installation of the Brazil-United States [153] , participated in the
creation of BNDE- National Bank for Economic Development [154] , intellectually lived with
Eugenio Gudin [155] , collaborated in the government Castello Branco [156] , it was constituent
senator [157] .
Roberto Campos criticized the atmosphere of the National
Constituent Assembly of 1986 qualified as the victory of the National
obscurantism [158] . Stepped forward on the criticism of the new tax model of the 1988
Constitution, deeming it as hiperfiscalista [159] , premonindo loss of Union revenue, which
would later be retrieved with expansion of tax bases [160] , especially through the proliferation
of contributions .
The interesting thing is that many of the prophecies of Roberto
Campos would have confirmed. Criticizing the letter of 1988 he stated that the anti-business
culture that permeated the Constitution will soon make Brazil the ideal country not
invest [161] . During the preparation of that document, Roberto Campos has ranted and
vaticinava
I have read and reread the constitutional text, a utopias dictionary of
321 articles. Little or nothing resembles the civilized constitutions I
know. Your socializing content smells very infects the Portuguese
Constitution of 1976 which Portugal now seeks to back off in order
to embark on market economy of the European Economic
Community. The vote at sixteen say copied from the Constitution of
Nicaragua. The definition of national company seems to only exist in
Guinea-Bissau's Constitution. In both cases, even the most remote
odor of civilization ... [162]
Roberto Campos admitted subordinate political freedom to economic
development and accordingly when comparing Argentina and Chile noted that
The reality is not so simple. Alfonsin is unquestionably legitimate
president
and
Argentina
experiences
inflation
and
stagnation. Pinochet is illegitimate and failed disinflation and
development. It follows that the presidential legitimacy by direct
vote, highly desirable for democratic consolidation is no magic
formula to ensure success in the anti-inflation fight, or the
development restoration. Everything depends on the sense of priority
and civic courage of the ruler [163] .

Roberto Campos constantly released the neoliberal thinkers in the

space it occupied in the press. The Brazilian diplomat mourned Hayek, which he
Was the man of ideas that more bravely fought over two tormented
generations, freedom of the individual against all totalitarian
fashion, the Soviet socialism Nazism. And against other forms of
oppression resulting from the overlap of the bureaucratic state to the
human person, on the pretext of social interests that he, State reserve
for itself the power to determine [164] .
With sharp tongue, condemned all undue State interference (the
coldest of monsters, according to Nietzsche, quoted by Roberto Campos [165] ). The decision to
order the Supreme Court that removed the old IPMF today CPMF, wrote
A recent decision of the Supreme Court, rejecting the IPMF in the
preliminary unconstitutional, was economically sensible. The tax
was conceived as a heroic simplificao- replace the current fiscal
asylum by a single tax on electronic money. It would eliminate the
bureaucracy of the statement, the corruption of the tax and the
ingenuity of the evader.The idea was distorted by the government
worsened in Congress and became 59 tribute. A sort of Rosemary's
Baby, Roman Polansky's film, coming from an unconscious sex Mia
Farrow with Beelzebub. In fact, during the discussions of the 1988
Constitution, I prophesied that we were creating a baby Rosemary:
the incubus devil was the national populism that Brazil only began
to exorciar after the fall of the Berlin Wall [166] .
The participation of Roberto Campos in the 1988 Constitution of the
preparation effusively illustrates this interface between neoliberalism and Brazilian law to the
extent that much of the criticism of the diplomat was held in the future. Constitutional
amendments that have been altering the original text 1988 show that the utopia and the
romanticism of that policy paper did not resist the effective breath of neoliberal thought, marked
by globalization. It should be recognized our peripheral condition, in relation to international
capitalism.
System outlying areas are beaten with what Michel Chossudovsky
nomina of the IMF's menu [167] . It must be budget austerity, undisturbed aggravating the fiscal
crisis. National currencies are devalued in favor of the dollar and the euro. Agrees to an unusual
trade liberalization.
Degrade the traditional functions of socioeconomic States [168] ,
also by changing national identities [169] . Formulates lightning programs of
privatization. Reorganize up ministries and central banks of the farms, the latter often under the

baton of employees of component forces of the Empire, the concept of Antonio Negri and
Michael Hardt, who rehearse in explaining the US hegemony in the world.
International financial institutions have parallel governments to
officially constituted powers. Countries that do not accept these structural adjustment plans are
listed in the blacklist . Loans are conditioned to programs and political and economic
performances. political priorities Documents bind dominant and dominated. Astonished, we
began to question acquitted projects of non-governmental international organizations, such as
groups
like Doctors
Without
Borders , Greenpeace, Amnesty
International , Sierra
Club and Human Rights Watch, among others. On the other hand, more utopian thinking and
more committed to the real emancipation of the human being, which should be the keynote of
any globalizing process, think of alternative taxation of international financial capital, as the
underlying resources to combat poverty [170] .
A neoliberal society based on complex organizations, in multiple
actors such as businesses, banks and trade associations dominant star in a domain system
dictated by the market .Also according to Michel Chossudovsky [171] the projects economic
stabilization undergo two phases. Initially seen an anti-inflationary program, marked by reduced
demand for the devaluation and destruction of the national currency, the dollarization of
domestic prices, the indexation of wages. Secondly realize the implement of structural reforms .
Carried out the authoritarian and neoliberal project Washington
Consensus . The measures proposed and imposed by the new order are: 1) Ending inflation, 2)
privatize and 3) leave the regular market society, by reducing the state's role, and its main
protagonists major international corporations, especially US [172] .
Force yourself to unilateral trade liberalization. SOEs are
privatized. They take up the term tax, pension and labor reform. Deregulates up the banking
system. Create up emergency social funds for the administration of more overt poverty. The
failure in the restructuring of health systems implies the unwanted return of diseases such as
cholera, yellow fever and malaria.
The globalization of manufacturing is done at the expense of
guaranteeing mechanisms for hand-cheap labor. Ideological submission models perform cultural
colonialism.Widespread problems in places like Somalia, Rwanda, Mozambique, Mexico, Peru,
Bolivia, Argentina and Brazil confirm the mismatches arising from globalization policies.
The advance of capitalism, as supposed economic progress and
efficient capital accumulation [173] is a cause and consequence of globalization, immediate
apprehension.Substantiates up the kingdom of the largest banks in the world [174] that control

the global players on issues such as foreign debt of peripheral countries [175] . Goods colonize
life forms, by implementing the fetishization envisaged by Marxist ideology [176] .
Promotes is a commodification of aesthetic, which had been
denouncing the Frankfurt School in Exile [177] , especially from Theodor Adorno [178] , views
giving rise a critical neo-Marxism [179] . Our globalized time confirms that a given society
produces an uncritical and manipulated mass (...) it is the extinction of the knowing subject, the
subject responsible [180] .
It is doubtful of Enlightenment reason, instrumental, passing the
profiling a cynical sense [181] and handler [182] . The reason propitiate violence, raising power,
strength, authority [183] , approaching ideology and terror [184] . We live in a world composed
primarily of disinherited, marked by anxiety and insecurity, all the potencializad by mass
unemployment.
Boaventura de Souza Santos realizes hegemonic and counterhegemonic movements in the globalization process [185] . A globalized localism identifies the
hegemony of individualized cultural fragments; English is the language of media from one island
becomes lingua franca of the world. A localized globalism marks the impact of global on the site.
It is when the tourist appropriation of historical values and natural
resources promotes environmental crisis or when the conversion from subsistence agriculture to
export agriculture reformats land use. Counter-hegemonic, a certain cosmopolitanism is drawn
through the process of formation of international groups interested in the discussion of the
problems of globalization, the subject of concern about issues such as the common heritage of
mankind , The maznia, The ntrtida, biodiversity, seabed, although abstractly possible niche
hegemonic appropriation and indicative of abambificao of nature, the alert Alexander
Gillispie [186] .
All elements mentioned for the process of globalization, identified
with neoliberalism and deified in the Washington Consensus , forcing profound changes in
normative models of peripheral countries. The neoliberal project is implemented locally and so
the laws are changed as a condition of carrying out the orders that allow the hegemony of
the Empire, that political figure mentioned by Antonio Negri and Michael Hardt, shaped in the
North American area and international financial capitalism . However, in the air the question
pertaining to the possibilities of capitalism survive its success by providing global economic
growth rates prior to 1928 [187] , an issue that gives rise to all sorts of social engineering,
molded into new normative models.
Peripheral State loses sovereignty condition that envy of the classical
European state of direct rule [188] . Also according to Boaventura I sa Santos,

Under the Washington Consensus, the central responsibility of the

state is to create the legal framework and give effective operating
conditions to legal and judicial institutions that will make possible
the routine flow of infinite interactions between citizens, economic
agents and the state itself [189] .
Recent changes verified in Brazilian law identify this
reality. Globalization projects in all fields of regulations, as well as the seizure of the legal arena,
rehearsing new hermeneutical canons. Notices a conflict between economists and lawyers, an
avowed antagonism, one polarity between economic efficiency and legal certainty between antiinflationary programs and constitutional order [190] .
Economists pursue a Weberian ethic of conviction, who are
concerned with the ends. Lawyers encalam also an ethical responsibility Weber, restless with
the media. Legislators and magistrates roam this shooting, which hits hardest the citizen.
The social security law, for example, you can see a reinterpretation
of the principle of solidarity and a system resizing, due to a replacement movement of the right
of state feature[191] , formatted for hegemony of neoliberal concepts in the field of economic
relations [192] . Certain apocalyptic Malthusianism relates to a preventive gerontophobia,
providing for the delay retirement terms, proclaiming the adequacy of private pension plans and
through damage analytical insights acquired rights.
Criminal law, in turn, plasma internationalization of criminal
offenses and realizes in the words of Luiz Flvio Gomes and Alice Bianchini [193] a progressive
deterioration marked by the following features: deliberate criminalization of politics, frequent
and partial changes in legislation, increased criminal landmarks of the classic offenses,
hypertrophy of criminal protection by institutional or functional protection of legal interests,
widespread use of the technique of crimes of abstract danger, patent disregard the principle of
harmfulness or offensiveness, erosion of the content of the standard of conduct, use of criminal
law as a security policy instrument, little concern for the principles of equality and
proportionality to meet a heightened prevencionista concern, functionalist transformation of
classic dogmatic differences (such as authorship, participation, fulfillment, etc.), increasing
accountability movement of the corporation, along with the privatization or outsourcing of
justice and, finally,
To reach the goal of effectiveness, profound changes are taking place
in the area of criminal proceedings, often aimed at the acceleration
of the procedure, streamlining education and speed of Justice, with
the cutting fundamental rights and guarantees to support the
operability of criminal intervention [194] .

But the international disciplinary looking right a new world order

that witnesses the decline of the supranational model of Kelsen [195] as possible evidence
perspective by assessing the present role played by the United Nations. Emerging new
international actors [196] and the conventional nation-state seems to lose ground. Also, and this
is Paul Kennedy idea, you can see a strong movement among the hegemonic powers. For the
English theoretical, to the extent that countries gain economic consistency and presence in
international politics, increase spending on militarism, which in the long run determines the
weakness of these nations [197] . The events experienced by the recent economic history of the
Soviet Union seemed to support the image.
Emerges triumphant the thesis Danilo Zolo. According to the Italian
author, the peace of Westphalia was replaced by the arrangement of the Holy Alliance, which
was CHANGED by the model of the League of Nations, which later emerges at the United
Nations, and now appears to be dead, among others, in the face the emergence of new powers,
like China. A cosmopolitan pacifism imagined by Norberto Bobbio conflict with a global
constitutionalism perceived by R. Falk, conceptual models annulled by the reality of American
legitimacy by the UN Security Council [198] . As background there would still be a conflict
between East and West, between Muslim civilization and Christian civilization, which for now
hangs by a supposed triumphant model of compulsory westernization[199] .
The speed of the media reveals problems around the world, we
discuss human rights in a new plan [200] , although, of course, the air concerning the question
that the values refer alluded rights given the communicability with the same conceptual
planisfrio natural rights.
Environmental law, also as example, equates the impact of the
capitalist model with the preservation of nature, proving that economy and ecology are
completed, prompting reflections on sustainable development. You live today in the world
of spacecraft as opposed to past world's cowboy ; that nothing is lost, everything is reuses,
nothing clears, that there was no limit to man's presence.
The closing of the systems requires understanding that concerns
about ecology are not merely aesthetic or ethical-philosophical nature [201] . Realistically, the
ecological issue is a social issue and the social issue can only be properly worked today as
ecological issue [202] .
Tax models could intervene positively [203] via implement positive
incentives and sanctions by socio-environmental exactions [204] . Sovereignty issues also
emerge, due to the internationalization of the maznia and testing in becoming part of our
territory in international environmental reserve.

An epistemological strategy for the construction of an environmental

rationality requires markedly interdisciplinary approach [205] , founded on respect for
life [206] . It grabs in constitutional rule that imputes as a fundamental right the right to an
ecologically balanced environment [207] .
It was observed that globalization and neoliberalism design great
impact on contemporary Brazilian law. In this way,
The new paradigm that is stated in the current horizon of the social
sciences, including law, so it is a dialectic of these three vectors,
cybernetics, referred to the control of pipelines, globalization, said
communication and the binomial capitalism / neoliberalism referred
to political spaces , economic and ethical society. These factors have
repercussions at the present time and interfere with the
understanding of law, as indeed it does in respect of all sectors of
human life [208] .
In order to prove the assertion, work progresses identifying the
consequences of globalization and neoliberalism in Brazilian law, with stations in constitutional,
administrative rights, labor, tax, procedural, civil and consumption. The miniaturization process
of the state, in progress, restricts rights historically achieved, limited normative advances more
democratic flavor, casting an individualistic society, centered on competition and aggressiveness
of the act, consolidating the capitalist ethic.

2. Globalization of Capital and Brazilian Law

2.1 Constitutional Right

The constitutional law is a major focus of attacks orchestrated by

the forces of globalization, when it comes to changing our regulatory model. The Constitution of
1988 to have represented a reunion with the democratic order
authoritarian legal system
feeling

[210] ,

[209] , a drop compared to the

a certain joy (...) due to the good work done

[211] , received canonical treatment and fostered certain constitutional idolatry that has

dragged on since the debates of the Constituent National Assembly.

But the State remodeling, as a result of new paradigms of
sovereignty and economic order, has promoted substantial changes, such as to prove Marx's
admonition, the philosopher of Trier, for whom all that is solid melts into air, all that is holy It
will be desecrated [212] . Globalization could have promoted the concrete realization of a
cosmopolitan state in a sense Habermas [213] ; but he did not.
M realize there were also effects of globalization in connection with
the construction of the problematic Brazilian citizenship. Is that (...) to reduce the state's role as
a source of rights and as an arena for participation, and displacement of the nation as the main
source of collective identity [214] promote an overthrow of the reference poles. Conceptual
migrations between public and private spheres illustrate the assertion of so that issues historically
related to the State, as public safety, raise solutions related to legal pluralism promoted within the
rules of the game.
Justice is shifted to the vigilantes presenting news programs of
television, which appeal to the drama, trivializing violence, painting the offenses with tare paints,
of recklessness, of a lombrosiana criminology very unfashionable. These are the true evil doers,
explorers of irrational models of social representation [215] . And still vow, populating the
legislative sometimes with some slag, which makes Mephistophelean perennial malignancy a
way of life.
Peripheral State complies with the resolutions of the Empire, we
understand the latter as a set of forces that orchestrates the development of capitalism, from the
United States, some European Union countries and Japan, according to the thought of Michael
Hardt and Antonio Negri [216] . The end of sovereignty and the birth of a single political
model [217] , shaking the estadolatrias and estadocntricas theories [218] , promoting
Americanization marking cultural globalization [219] , suggests a political style that for lack of
more accurate identification, loads the postmodern epithet.
And imagine a post-modern state [220] also assumed a constitutional
right to postmodern feature. The feel of Canotilho, a postmodern constitutional right would be a
post-interventionist right, characterized by being processualizado, dessubstantivado, neo-

corporate and ecological [221] . A constitution in tune with postmodernity have reflective nature,
ensuring changes from the construction breaks [222] .
And given a lack of normative and legal effects, takes place a
conception of symbolic constitution, plurivocal and autopoietic [223] . Globalization requires
fast, effective interventions, so it can m question conceptions that fracionavam the constitutional
requirements as to the applicability [224] , rhetorical device which justified the non effectiveness
of standards relegated to the status of programmatic or contained effect .
Threatened by condition that relegates mere symbolic document ,
intimidated by a reductionism that equipolaria the national anthem or the flag, the constitution is
experiencing a crisis, deepened by the proliferation of constitutional amendments and the
question as to convene a new constituent. Constitutionalism and the Constitutionalists could take
advantage of these ambivalences and aporias, assimilating the paradigm shift, by implementing
creative legislative solutions, rethinking the function of law in modern societies [225] .
Roberto Campos, the staunchest defender of neoliberalism in Brazil,
and that was in the 1986 constituent assembly, strongly warned to incompatibilities between the
Constitution which then wrote and promulgated and the globalized world, which in the mid1980s took the features the mark today. Like This,
Scholars of constitutional law here and elsewhere will not seek the
new text lessons on institutional architecture, the steering system or
balance of power. On the other hand, will find abundant anecdotal
material. That constitution in the world interest table, formalizes the
default, ensures immortality of the elderly, nationalizes the disease
and give the sixteen year old, while the right to vote and the
electoral crimes go unpunished? Our way of originality will create a
new constitutional theory: the 'archaic progressivism " [226] .
Roberto Campos prophesied that the Constitution did that then put in
against the tide of globalization inspired by neoliberalism the world then lived. Over-regulation,
the old attachment to the State of social welfare denounced by F. Hayek, Friedman and Karl
Popper Miltom jettison the distribution of the benefits that globalization environment was about
to give us. And the diplomat wrote,
Contibuio that will bring the new constitution to insert Brazil in
this modernizing wave? Strictly, no. Brazil is landing the
world. Instead of 'deregulation', the state will make overall plans
and normatizar economic activity. Instead of encouraging the
Executive Branch to intensify privatization, extends up the monopoly
of Petrobras, nationalizes to mining, the Union becomes proprietary
and not just admnistradora subsoil, bankrupt state governments
have a monopoly on gas. While England, Japan and Spain, among

others, privatize its large telephone companies, Brazil transformed

into state monopoly all telecommunications, including the
transmission of data. In the information society it is enormous
concentration of power in the hands of the 'nomenklatura' state,
subject to frequent ideological perversions [227] .
Roberto Campos It is indignant with a Constitution that reckoned
to promiscusta [228] , which recognized a minimum-wage nationally unified, ensuring the pawn
Pianc salary equal to the ABC worker [229] . He regretted that the Constitution promises us a
Swedish social security Mozambican resources [230] . Motejou text 1988 in postscript who
wrote in the journal article, just before the enactment of that letter:
PS After the promulgation ask, how old, a "writ of injunction 'to the
Good Lord to be notified that have lifetime warranty, even in the
event of fatal diseases (art. 233) and is therefore unconstitutional get
away from my land commitments [231] .
Roberto Campos to the 1988 Constitution was healthily libertarian
political, cruelly liberticidal in economic, touchingly utopian social [232] . For the creator of
BNDE constituents had extrapolated the mandate that the people bestowed them, advanced on all
issues of national life, irresponsible and anachronistic manner, promoting a contradiction
between the globalization process and our constitutional framework. He had written,
During pregnancy and childbirth the new constitution, the
constituent
played
God. Granted
immortality
to
the
elderly. Abolished poverty by decree. Legislated costs, believing that
legislated benefits. Tabelaram interest, forgetting that the
government is the main plaintiff of credit. Difficult goodbyes,
without realizing that thus discourage new hires. The result of these
frivolities will be more inflation and less employment. Or they come
to learn that a country without external enemies that threaten its
survival true nationalism is to create jobs [233] .
Roberto Campos disclosed that a new constitution would be enough
to promote improvement in the living conditions of Brazilians. Warned that excessive attachment
to form, he called for constitucionalite, nothing would solve structural problems. that is why,
The people realize that the 'constitucionalite' did not improve her
living conditions. In fact, if it did, the English would be lost, because
they will have no written constitution. And the Japanese even worse
because its constitution was written by the Americans victorious in
the war. Before the Japanese prosperity, reach would the bizarre
conclusion that the best constitution is written by enemies [234] ...

The distance between reality and the constitutional universe

intrigued Senator Roberto Campos, who denounced the utopia that surrounded and emulated the
constitutional model that then that was produced. The 1988 Constitution promoted a national
catharsis, after the long fast that the military was imposed on the country. How to prove pacifism
of our people, we made up a new card policy without having been legal break [235] .
It was that the constituent assembly operated the rescue our
dignity [236] , in the light of a liberal postulated that plasmava a civil society above the
state [237] . Roberto Campos realized certain precipitation in the trajectory of The ssemblia C
onstituinte and teased,
According to the prime minister of English Labour, James Calaghan
nothing more dangerous than the making of constitutions. This
arouses the utopian instinct dormant in each of us. And we are all
tempted to enroll in our Constitution particular utopia. That's what
happened. It is utopia, for example, decree that prevail in the
Northeast a minimum wage equal to that of St. Paul. It is utopia to
guarantee life, ie immortality, to the elderly. It is utopian to imagine
that a country which needs to export competitively can be
simultaneously shorten working hours and expanding social
benefits [238] .
The Brazil was close to a model that the Portuguese were about to
leave, as a condition for entry into the European community, setting up one of these paradoxes
and tragedies of the contemporary law [239] . Traslada a normative model of post-war, full of
social concerns [240] , as opposed to the period of Enlightenment influence, synthesis of the
evolution of the life cycle of canon law in the Iberian Peninsula [241] , and the Portuguese
collectivism forgotten. Mocking the condition, wrote Roberto Campos:
Unfortunately for the Brazilian, the new Constitution came into the
world anecdotes. The joke of the Lusitanian is that the Brazilians
they put in the new Constitution all that the Portuguese want to take
of them. How not consider anecdotal text that, in the era of the
'common market', says the internal market a 'national heritage'? In
the era of ballistic missiles, declares critical to national defense an
area of up to 150 kilometers along the borders? How singled
lawyers as 'irreplaceable in the administration of justice', when all
we want to get rid of them in small claims courts and friendly
desquites? [242]
Even criticizing the conceptual approach of our constitution with that
of Portugal, wrote Roberto Campos:
The disastrous Constitution of 1988- inspired by the Portuguese,
which the Lusitanian repented when they realized that they had been

riveted by the 'Carnation Revolution' - represented, for use happy

words
of
professor
Paul
Mercadante,
an
"advance
retrocesso' [243] .
And elsewhere, Roberto Campos with extreme rigor persisted in
criticizing the 1988 text of romanticism:
The Brazilian Constitution of 1988, sad imitation of the Portuguese
Constitution of 1976 arising from the Carnation Revolution, led to
paroxysm the craze of the Constitutions 'leaders' or
'interventionist'. This type of constitution, which became popular in
Europe after the German Charter of Weimar, 1919, has little
durability. Unlike the mother of Magna Letters democrticas- the
Constitution of Filadlfia- that is, as Professor James Buchanan, the
'politics without romance', recent constitutions have made the
'romance of politics'. They are based on two errors. First, the 'fatal
conceit', mentioned by Hayek, to think that the political process is
more effective than the market in promoting development.Second,
the romantic idea that the state (...) is a benevolent and capable
entity. This idiocy was demolished world with the collapse of
socialism in unexpected Revolution of 1989/91, in Eastern
Europe [244] .
You must agree with the predictions of Roberto Campos or else it
must be admitted that the contemporary Brazilian constitutional landscape beckons with setbacks
and loss of rights, as reflections of the globalization process. The constitutional amendments
approved to date (and others will come) identify this movement. The changes and reforms we
compare with the original text, unveil up unsuspected unconstitutional the constitutional grafts,
to admit the validity of the thought of Otto Bachof, which gave the account
of unconstitutionality of the Constitution change laws [245] .
It can be seen concretely that the nationalism that spawned the 1988
text goes through blatant dismantling. They do not remain more than rubble. Here are some
examples.
The constitutional amendment number 5 abolished the state
monopoly in the distribution of gas. The original wording indicated that for the states operate,
directly or through concessions the state company with exclusive distribution, local services of
piped gas. Under the amendment reads now that it is up to States to operate, directly or through
concessions, local services of piped gas, as provided by law, prohibited the relief editing for
regulation. It eliminates the grant the state company , allowing yourself concession.
The constitutional amendment number 6 suppressed benefits for
national companies and market reserve underground. Substantially changed up Brazilian

company of national capital of original wording of paragraph 1 of Article 176 for company
organized under Brazilian laws and having its head quarters in the country.
The constitutional amendment number 7 suppressed market reserve
in inland navigation. The new wording of Article 178 of the Constitution summarily eliminated
thepredominance of national shipowners and flag ships and Brazilian registration and exporter
and importer.
The constitutional amendment number 8 abolished the state
monopoly in telecommunications. The original wording of Article 21, XI declined which is
competence of the Unionoperate, directly or through concessions to companies under state
ownership stake, telephone services, telegraph, data transmission and other public
telecommunications services, ensuring the provision of services information by private entities
through the public telecommunications network operated by the Union. According to the
amended text we have that is competence of the Union operate, directly or through
authorization, concession or permission, the telecommunications services in accordance with
law which shall provide for the organization of services, the creation of a regulatory agency and
other institutional issues. had changed also the item XII, point to , the aforementioned article of
the constitution. The preterit essay mentioned that the Union operate, directly or through
authorization, concession or permission radio broadcasting services, sound and images, and
other telecommunications services. The patched text substantiates that the Union operate,
directly or through authorization, concession or permission radio broadcasting services and
sounds and images. With the exclusion of other communications services, was promoted laconic
minimum state of ensejador.
The constitutional amendment number 9 abolished the state
monopoly in oil production. Has changed the content of Article 177 of the original wording,
which indicated how the Union monopoly the prospecting and mining of deposits of petroleum
and natural gas and other fluid hydrocarbons; refining of domestic or foreign petroleum; the
ocean transportation of crude petroleum of domestic or basic petroleum origin produced in the
country and so the transportation, through pipelines, crude oil, refined products and natural gas
from any source. Under the amendment in question the Federal Government was authorized to
contract with public and private companies to carry out the activities provided for in the original
wording of Article 177, reproduced above.
The constitutional amendment number 16, of June 4, 1997, allowed
the reelection of president of the republic, providing continuity at that moment of neoliberal
reforms. The constitutional amendment number 19 formed the new Brazilian
government, allowing servers dismissal for poor performance or payroll exceed 60% of
revenue. Has changed realistically Article 37 of the original text. For example, the right to strike

was originally limited by aspects defined by a supplementary law . With the amendment in place,
it only requires a specific law . Prohibited if the linkage or equalization of any species
remuneration for staff compensation effect of public service , replacing the previous provision
that excepcionava the rule to the servers of the direct administration, for whom it was
expected equality of salaries for equal responsibilities positions or similar of the same power or
between servers of the Executive, Legislative and Judicial.
The constitutional amendment number 20 started a reform of social
security, in the context of public service. Voluntary retirement now requires a minimum of ten
years of effective exercise time in public service and five years in the effective post from which
retirement will, so long as to 60 years of age and 35 years of contributions for men and 55 years
of age and 30 contribution, if a woman, for the purpose of realization of full pay and 65 years
old for men and 60 years of age, if a woman, with pay in proportion to the contribution
period . Previously there was no age restrictions and retiring voluntarily to thirty-five years of
service to man and at thirty, if a woman.
The constitutional amendment number 27 enabled the untying of EU
revenue, including Article 76 in the Transitional Constitutional Provisions Act. It provides that
the Union manage over twenty percent of the collection of taxes and social contributions already
in place or that may be created in the 2000-2003 period.
The constitutional amendment number 28 changed the statute of
limitations for rural labor claims. So, Article 7, item XXIX of the Constitution came to
disciplining the right toaction, as the resulting claims of labor relations, has limitation period of
five years for urban and rural workers, to the two limit years after the termination of an
employment contract.
The constitutional amendment number 30 allowed the installment
judicial writ, changing the original wording of Article 100 of the original text, as well as Article
78 of the Temporary Constitutional Provisions Act. The redesign allows delay in payment
models of the Federal Government, amounts due in court, easing the use of funds provided in the
budget.
The constitutional amendment number 39 allowed the creation of
municipal lighting rates, instituting contribution to public lighting service costing the
municipalities and the federal district. Permitted the collection of the aforesaid exaction in
electricity consumption bill. Possible up front new collection by the municipalities, which is v m
being hindered in their portions of holding fund, due to the fact that the Union has expanded its
collection base through contributions, which according to the Constitution They need not be
sprayed among other federal entities.

The constitutional amendment number 40 repealed the limitation of

real interest rates to 12% per year [246] . Es ta amendment represents a parting shot in the
expectation that an essentially political normativity would be able to master the contingency of
capitalist reality. The economy has a right to her bow, and repeated positions of the judiciary, not
sufragava inefficient regulation of interest already recognized this reality.
The market perceived the whim of the constitutional legislator as a
folly and bet on the unfolding of the question, which tilts to the factual aspects governing the
subject. The constituent tried to stifle Shylock , the arrogant Merchant of Venice , in paragraph 3
of article 192 of the original text but the actual interest at 12% per annum. Won market forces,
which desacorrentaram the thirsty usurer. Triumphed a finely tuned logic with an alleged
efficiency. After all,
The watchwords are efficiency and profit. Companies and
individuals who do not adapt to the globalized market economy, do
not deserve to survive. The competition becomes brutal, in a state of
barbarism carried by 'natural' selection of the market. Natural, as if
there were equal opportunities to ensure fair competition, allowing
interchangeably access to decent conditions for businesses and
individuals truly more competent, and not just subsist for the arrest
of greater economic power, cleverly disguised and presented as
greater 'efficiency ' [247] .
Perspective that reflects thinking from the right denounces that we
live in this block of national life, an acute phase of crisis of the state and law, as evidenced by
the Constitutional Amendments in progress, advocated by the Federal Government [248] . It is
this crisis sets a reflective right, whose internal borders are lost as a result of exaggerated
demands for intervention [249] , done in the name of neo-liberalism that advocates nonintervention.
Indeed, the very democratic order can be set, since
the delicate balance between economic freedom and state
intervention in economic policy, in its various forms, marks
undoubtedly a turning point for the success or failure of the
democratic political system in many current States devoted to the
values of freedom and equality [250] .
The problem of freedom and of the state as resistance to
absolutism [251] win new dimension. New forms of absolutism draw on the horizon, disguised
as devastating a state that condemn. nationalize, privatize, desconstitucionalizar,
desregionalizar, are the new conjugated verbs by neoliberal voice [252] , and the sovereignty
relativism itself betrays a quality, not power itself [253] , especially since snared a new concept,

which traditionally advocates the prevalence of human rights [254] . In this context, format is the
redesign of our constitutional engineering. Like This,
The twenty-first century has arrived and humanity, as well as failing
to conquer outer space, is destroying its unique habitat. In Brazil of
contrasts, the constitutional right reached theoretical prestige with
great scholars, but come every day supporting the shredding of the
Constitution and the emptying of the fundamental rights as sharp as
frightening way[255] .
The deconstitutionalization movement provokes debate on the
plausibility of synthetic constitutions rather than analytical constitutions [256] , which invariably
leads to comparative tests with the American constitutional hermeneutics. It is noticed that
analytical texts, like ours, require instrumental changes in the constitution, while synthetic texts,
such as the US, which contains 4000 words, allow mere exegetical changes.
Have you observed was found that the US Constitution should be
perceived from its economic yard, as guarantee liberalism and big business [257] . The
antagonism between liberalism of the Democrats [258] and conservatism of
Republicans [259] promotes judicial activism [260] opposed to a radical textualism, reactionary
direction in case of some judges of the US Supreme Court, such as Antonin Scalia [261] ,
Clarence Thomas [262] and Sandra Day O'Connor [263] .
Judicial minimalism takes care of the Supreme Court of the United
States [264] , which does not make much question of seeking rights not textually listed [265] , so
the object of criticism from academia [266] who see effects of globalization in the new
constitutional order [267] , which also affects on economic and policy issues [268] . One can
simultaneously testing a normative critical movement, questioning the impartiality of the
constitution [269] , demystified with the revelation of the conflicts that take place within the
Supreme Court [270] .
In Brazil, p or because of our institutional weakness, shaped in the
struggle involving civil society and community [271] , the constitutional effects of globalization
seem to be more relevant in the context of economic regulation, which uncontested with the
enactment of Constitutional Amendment number 40. Resize the principle of efficiency [272] , so
dear to movement of American jurisprudence that links the right to economy [273] , a prospect
that reveals strong utilitarian trend [274] .
The abstract universality of the right of the capitalist mode of
production [275] allows new orders are engendered, in protecting the supposed expansion of
production capacity of the human being [276] . It is, indeed, a matter of sovereignty:
Countries today called "emerging" depend almost everyone, also for
emergency financial resources to combat the volatility of financial

markets exposed to international racing capital. These funds are

granted by international financial organizations such as the IMF
and the World Bank, by imposing invariable booklets that
demonstrate how is the economic policy of each country
helped. Interest policies practiced by economically powerful
countries are decisive for the orientation of public policies on the
periphery of the capitalist system [277] .
Drawing on constitutional realignment as metaphor, Oscar Vilhena
Vieira admits that the constitutional systems have been strongly pressured by various demands
imposed by an international stage in quick reconfiguration [278] .
On the other hand, opining the fight for maintaining the current
constitutional model, Adroaldo Leon warns that the changes and trends of the post-modern
constitutionalism can not distance themselves from the international protection of human rights
as a means to curb abusive practices of states, intermediate groups, the parallel economic power
and scientific findings contrary to human dignity [279] .
The largest share of indicative constitutional reforms this new
globalized order was given during the two terms of President Fernando Henrique Cardoso [280] ,
who also took care of other issues of modernizing and neoliberal agenda, such as the issue of
privatization of state. Relations between the executive and legislative forced to implement
certain necessary alliances, responsible for many criticisms of coalitions justificadoras model
congressional agreements [281] .
It can be seen therefore that the changes that globalization and
neoliberalism print to the Brazilian constitutional law raise three conceptual attitudes. Neoliberal
reading of recent events allows the sardonic smile, the tipic those who think that the time has
confirmed the issues raised in the past, as if harassed romanticism and the 1988 text utopia.
A nostalgic feel you want to occupy the lost space, maintaining the
ideological structure of the text, rhetorically encastelado in analytical ramblings enclosed in
ambivalence callimmutable clauses. Finally, a pragmatic realism recognizes that the march of
reform is needed, so long as not as aodadas and socially irresponsible, which may seem handing
over, and not so time consuming and lame, which may indicate a stubborn attachment to a time
that no longer exists.

2.2 Administrative Law

The globalization and neoliberalism have substantially altered the

meaning of sovereignty and the very concept of state, which causes reflections on public policy
models.Reformulates up the state's role, suffering attacks from those who wish to minimum and
miniaturized, so that the set of principles of classical administrative law goes through a
tumultuous restructuring process.
M udanas the state Profile promote immediate changes in the
entities and public bodies in their own state agents, the legal and operational nature of direct and
indirect administrations, in control of administrative acts, the essence of administrative acts,
contracts concluded by the administration , the concept of public goods, the state intervention in
the property, the liability of the State, the civil servants for reference only what is conventional
and most common.
Becomes the administrative law, which becomes more consensual,
since our time questions the axiom of supremacy of public interest in the face of private interest,
reflecting the fragmentation of public interests in primary and secondary alongside the
unavailability of content the same [282] .
The rising tide of public service delegation suggests a private
initiative complementary to State activity. Deregulation and cutting red tape announce this new
state, you want to promote a citizens' users and customers. The issue of toll and maintained by
the private sector highways illustrates this convergence, greatly because of the indirect increase
of the maintenance of the burden of public space by private individuals who collect the toll so
that they can transit through high profitability highways to officers .
The privatization process illustrates perverse aspects of new public
law that is drawn. Telesp, Vale do Rio Doce, Light, Embratel, Usiminas, Companhia Siderurgica
Nacional, Cemig, Copesul, Federal-East Railways, Aominas, Cosipa, Banerj, South Bank,
among other state, would have gone to foreign ownership without minimum precautions to
strategy, with high costs for society, which would indirectly funded these acquisitions [283] .
The impact of globalization in the face of administrative law is
significant under copyright point of great prestige have questioned whether the current
administrative law would be doomed to die [284] . Conceptual migrations emerge when
considering the independent regulatory agencies, such as the ANATEL / National
Telecommunications Agency, Aneel / National Electric Energy Agency, the ANP / National Oil

Agency [285] . Malicious reading can realize a part privatization of the legislative function in
favor of the regulatory profile of these agencies.
Immediately it appears that in so far as it increases the transnationalization, occurs at the same time a decrease in the state's role, with the consequent
withdrawal of the public sphere [286] , engendered in niches in which the communication flows
are filtered and synthesized, about to condense in public opinion bundled on specific
topics [287] . The subtle line between public and private spaces stems from the fact
that neoliberal policies proclaim that the miniaturization of the State implies limiting the state's
role to create restrictions on the free market and competition [288] .
The Brazilian administrative law has been formatted in the
Portuguese bureaucratic tradition, when offices were arranged based on particular criteria and not
because of merit [289], with intense influence of the nobility and clergy [290] , especially
because the doctrine of the law does not distinguish, and depart in absolute regimes, the state's
activities at the discretion of the diversity of objects, materials or purposes [291] .
It shaped up the legal framework of the Brazilian administration in
the form of the Portuguese system, in which the king remunerated the nobles with honors ,
reminiscent of the Roman designation of public functions [292] . The institutions of colonial
administration reflected the absolutist surrounding Lusitanian [293] , administrative
centralization reproduced in the empire [294] , in the Old Republic [295] and hiperpotencializada
the military dictatorship [296] .
The transition to civilian rule was embodied in the 1988
Constitution, which regulates rom the nticamente a state of social welfare, so it was criticized by
one of his most ardent opponents, neoliberalism Herald in Brazil, Roberto Campos. The diplomat
has denounced the constitutional text was approved without discussion text by fusion
splices, which guarantees worldwide exclusivity in making an ear constitution [297] .
On the subject of administrative and model of State, Roberto
Campos wrote that far from progressive, the Constitution of 88 is retrograde, reflecting
overcome doctrines of state hypertrophy [298] . Roberto Campos criticized the fixation with the
constitution, he nominava of constitucionalite, of constitutional diarrhea [299] ; want their
proselytes believe that copious wave of constitutional amendments would have confirmed the
prediction of political scientist ...
In more concrete planisfrio, the Brazilian administrative law is
affected by the movement of globalization and neoliberalism on the following aspects, all related
to the structure of a new state, deeply marked by legitimation problems [300] , exacerbated by
movement indicative of worrying political apathy [301] : regulatory agencies, services and
public servants.

Regulatory agencies ordinarily-lend themselves to implement the

regulation of the market, in order to prevent abuse of the companies, in order to ensure
excellence and quality standards. In order to accomplish his ends, agencies exercise
independence of action, so that they can set policies and sectored strategies.
Originally designed by the US law, independent agencies
( independent agencies ) ostensibly regulate numerous aspects of the administrative model, like
transport, food and medicine [302] , acting formally and informally [303] under closer guidance
of the principles that guide the executive power [304] in the country, centered on apangios
efficiency [305] , which make the right ancillary normative set of economic development.
The inadequacy of the traditional feature state raised by the Brazilian
administrative law in assimilating and adapting the US agencies, with the creation of similar
national law.Here are the main ones:
The ANEEL National Electricity -Agncia, was founded in 1996
with objectives to define competition policy in the industry, bid the granting of power plants,
monitoring the performance of generating companies and power distribution companies, with
essential function to create and monitor pricing [306] .
The Anatel- National
Telecommunications
Agency,
was
implemented in 1997 with desiderata to define policies, concession areas, bidding the same,
minimum standards of quality and universal access to national telephone services, along with
creation and pricing policy enforcement [307] .
The ANP- National Petroleum Agency, was established in 1997 with
the mission of defining competition policy in the industry, opening the oil and natural gas, to
conduct public bidding in the areas of oil and natural gas exploration, as well as supervise the
activities related to the national fuel supply [308] .
The ANA- National Water Agency, formed in 2000, is responsible for
implement a national water policy, in order to find solutions to the scourge of drought, to the
problem of pollution of rivers by setting prices and conditions use of rivers [309] .
The CADE- Administrative Council for Economic Defense, also cast
in 1962, whose real life clothed herself with feasibility in 1994 with Law 8884. The CADE is the
body responsible for determining (monitor) abuses of economic power, decidindo- the (...) [310] .
The creation of these agencies lies in new conception of the State, so
that the autonomy granted to them arises from attempts to obtain efficiency in the management
of public affairs. By issso,
The state's fiscal crisis requires a return to balanced budgets by
means of public deficit containment, forcing a re-engineering. This
is not to cancel investments, pay hardly services and servers and not

honor the debt. The question is acting (not quantity) of spent by

changing the performance model (management) according to a
schedule [311] .
Effectively, the regulation which entails the proliferation of the
aforementioned agencies are state-mitigating mechanism of privatization. In this way,
With the transfer of utility functions from the public to the private, by
way of concession contracts, the purpose of the regulatory function
is to transfer this interesting for the three parties involved - the
granting, dealer and user. To make the user accessible service and
pay the high investments, we need to dilute the collection of
payments on long-term contracts. That occurs rarely, contractors
will be able to, at the time of negotiation or stipulating the
conditions and obligations, meet and prevent all situations that may
occur in the future. This highlights the role of the regulator, which
must seek to interpret, in an unbiased manner, the principles that
guided the conclusion of the contract, to propose solutions through
mediation, and if this fails, arbitration [312] .
It is perceived close relationship between regulatory agencies and
constitutional amendments that eased the original content plasmava hypertrophy of the Brazilian
state. Changes in state monopoly of gas distribution (amendment 5), telecommunications
(Amendment 8), in the production of oil (Amendment 9), among others, due to pressures to
readjustment of the state in the face of globalization is justifying concretely the option for these
agencies. Also, they are symptoms of state reductions formulas, and so,
Although the state has called widely flourished in past decades, it
was found that many of the objectives for which had been
engendered simply were not achieved. Moreover, many of them
became heavy machinery in the state structure, acknowledging in
many a new focus of corruption. It was so in the 80s began, albeit
slowly, an inverse movement, looking away from the state of the
private sector. This occurred with the sale of the state to the private
sector, with breaking or loosening of state monopolies and to grant
and utility permission. Then talk about privatization, privatization
and deregulation [313] .
The civil servants also get another conceptual and factual
sense. Conventional legal and statutory regime [314] suffers from a common place that society
could reference, to stigmatize server and service with alleged inefficiency of coats. Recent
movement for continuity of retirement rules in public service highlighted this situation.

It is that society living on the edge of unemployment hardly take the

side of those who have public employment and that persist in the struggle for a situation that
would implement after the dissolution of the employment relationship time, due to retirement.
Indisputable that the media role out important factor in this power
game, so it was realized that the public showed little sympathy for the movement then taking
shape in favor of maintaining the retirement rules in public service.
A process server limitation of rights is in progress, and the effects of
the constitutional amendment number 19 in relation to Article 37 of the Constitution seem to
confirm this assertion. The anchor of stability in public service, specified in Article 41 of the
Constitution, earn maximum reference forums, in times of unemployment. It can be seen also in
the everyday administration of the recurrence of the use of outsourced services (in competition),
especially in security and cleaning sectors.
The reflection takes place in the new characterization of the public
service. Originally was considered as a characteristic of the public service to be provided by the
State (subjective element), to the satisfaction of collective needs (material element), carried out
under a public scheme (formal element) [315] .
The conventional liberal state realized oriented public service for a
small volume of shares to be enthralled in unremovable state presence fields, like public
safety. To the extent that the state of social welfare has been formatted with the adoption of the
ideas of John Maynard Keynes, one sees a state that implements activities that qualify permanent
intervention, and extrapolate for industrial and commercial areas.
The apparent triumph of neoliberalism, meaning the reign of
consumerism and privacy [316] , molded to some residents of the modern city, safe in their
thieves-proof houses in leafy suburbs [317] , undermines the traditional design of state. It is
noticed that promotes a new administrative law whose principles and concepts converge on
regulatory agencies and public holders of tenuous ties servers with management.
We are all actors of a new political space, marked by an ill-defined
disenchantment, disguised as a bulwark of a step whose efficiency is determined by the
guardians of capitalism badges, today elected to the globalization stewards category.

2.3 Labor Law

The labor

law seems to be more susceptible to the legal

environment changes arising from globalization. It is in danger worker's dignity at the current
juncture

[318] . The labor law has set up in the past in the context of private law, given the

fiction that assumed absolute contractual freedom in celebrating the employment covenant, then
focused through the prism of freedom of choice and embodied in the leading case represented by
the US case Lochner vs. New York

[319] .

The aforementioned case reached the Supreme Court of the United

States in 1905. Joseph Lochner was the owner of a bakery and had been convicted of having
infringed the law of the State of New York, which prohibited bakers worked more than ten hours
a day. Lochner demanded that their employees labutassem beyond permitted. It was said
correctly, that their conduct was lawful because there was employee acquiescence, which would
also be exercising freedom of contract. The issue was considered by the US Supreme Court,
which ruled that the law was unconstitutional New Yorker[320] . It is promoted indiscriminately
freedom of contract.
However, the characteristic interventionism of the mid-twentieth
century reenfocou labor law, tinting it with the assumptions that inform the public, capping
conceptual trend that is already clearly drawing on Evaristo de Moraes [321] and Lindolfo Collor
plan in less academic and more political [322] . The contemporary neoliberal privatization wave
rehearses one of the canons of interpretation of labor law, a process which emerges as relaxation
of the rules , especially noticed in the bill n. 5483/01 which aims to amend Article 618 of the
Consolidation of Labor Laws [323] , giving precedence to collective bargaining at the expense of
law [324] .
The entrepreneur is forced to compete in conditions that require
hand-cheap labor and handling times. A neoliberal fury would be undermining labor
achievements built over painful historic journey [325] . Alleged anachronism of the employment
contract [326] requires further efforts and surveillance of lawyers to the effects of globalization
on labor law [327] . Reversal of industrial concentration promotes a decompensation of sectoral
migration of hand labor, determining the mass unemployment [328] , causing panic, adherence to
any job opportunity to nod, at any price, under any conditions.
Reflections of the international situation, marked by the practice
of social dumping , whereby countries lower wages and do everything so that their products are

competitive in the international market, reach the structure of the labor law, in alarming
proportions. The worker directly pay this bill, because
(...) These days, and our country, unfortunately, almost always a
sounding board of what happens out there, we are at the height of
neoliberalizante wave, practicing a reengineering of the State,
undermining the institutions, demolishing achievements, shrinking
the administrative machinery, selling everything (...) [329] .
The Constitution of 1988 had hinted at great conquests for the
working class. Indeed, an economic reality marked by the influence of neoliberal wave want to
undo that Pyrrhic victory. So,
After 21 years of crunch-political by virtue of the regime installed by
the military, the idea of a new constitution inflated by the various
political currents who worked for the return of democracy has been
hailed as the panacea for all our viscissitudes. Logo promulgated
the Constitution, began the criticism, some of them vehement, taxing
the responsible for a supposed inability to govern the
country. Because it coincided the arrival of the new Constitution,
exactly, with the emergence of liberalism in new garments, but with
the same philosophical framework, as with a whited sepulcher that
the Gospel speaks [330] .
The violent reality that suffocates us unfortunately proved the factual
imprestabilidade of constitutional talks, once again opposing the ethics of conviction and
concern for the purposes of characterizing economists in view of the ethics of responsibility and
concern for the means that make the work of these last. It is commonplace to say that the legal
discourse
Economists, sporting airtight and saving theses, vociferously against
Brazil cost, showing the urgent need to make the product competitive
Made in Brazil for the growth of foreign exchange [331] .
The international assault on national forces promotes measures that
characterize the mentioned social dumping, which sets abuse of economic power [332] . The
competitiveness of our products in the international market depends on general framework for
domestic prices, beginning with the reduction of wages, given the indifference of the state to ease
the tax burden. It is this very strong pressure environment that is rife unemployment,
underemployment proliferates and miniaturizes-minimum wage. In this way,
Foundling child this juncture 'liberating', the minimum wage,
according to the experts in economic matters, one of the least
significant components of such 'Brazil cost', was chosen as
'scapegoat' to justify not only the imbalance of Social Security as the
impossibility of public agencies shouldering with the highest

salary. And the Constitution? Now the Constitution to go to ...

anywhere but here [333] .
Dissolve the labor law, despite its historicity load of old fighting
rules representation against capital. that is why,
Pasteurization of the economy, that is, its globalization, through the
capital interests in the face of implosion of the socialist walls that
barred its expansion leads to a pasteurization of law, especially
labor law, which is obstacle to the objectives of the new economic
and political world order [334] .
In order to neutralize any opposition to the fury of capital in the
dismantling of the working tradition, beckons with unemployment and promotes a
deradicalization process of ideologies. The lightness and the disengagement of a conceptual
feel light determines that any form of radicalization that originally Marxist sense to take things in
the bud, protagonizaria misunderstanding. In this aspect,
(...) The deradicalization ideologies serves much the Liberals
purposes than social, to the extent that the discourse of
'liberalization' of social rights institutes have been more vigorous
and stronger than the 'socialization' with private law
institutes [335] .
Consequently, the trade union movement agonizes between Scylla
and Caribbis , classical literature image that plasma dangers and indecision, ranging from
immediate interests minimal maintenance jobs and most ambitious projects of progress in
working conditions. The weakening of union power is a symptom that develops from the heyday
of the welfare state, which sought to absorb like a sponge the class struggle. There ambitious
proposal for union reform underway [336] . Is also that in mid-1990 Brazil experienced the most
severe job crisis in its history [337] .
The territory criterion own [338] fragments with the new
cartography of power, masking the natural response to injustice and exploitation of
business [339] . Indeed,
(...) The right of association, it is noticed a gradual weakening of
unions. Since the adoption of the pact proposed by the welfare state,
to avoid the conflict of classes, there was an effective loss of
importance of unions, even to the very working class [340] .
Realistic feel seems to guide the latest thinking around that apparent
deconstruction of labor law. The inevitable capital globalization process, which raises questions

which must be faced, we take it as another condition (among others in havidas past tense) that
threatens the seller of the workforce. in this sense,
The process of globalization at the same time promotes the
internationalization of the production system services, begins to
highlight the need to seek a more concrete, immediate and
progressive manner, the solution of pressing needs to ensure the
survival of humanity, which ceases to be an abstraction, to become a
reality [341] .
You can see today that the historicity of labor law lived with the
deployment of practices that shape globalization, which also holds historical fragmentation
position greatly from the eighteenth century [342] . Concurrently with some achievements of the
trajectory of the labor movement revealed itself to globalizing reality. Like This,
Globalization, contrary to what may seem, is a very old process,
which has been developing for thousands of years and which tends
to the elimination of national borders and the fusion of the numerous
local cultures to form a common homogeneous cultural
nucleus [343] .
Since 1945 the globalizing movement would gain more speed, and
so,
With the fall of nationalism and the beginning of the decline of
socialism, from the end of World War II, the process of globalization,
which had remained suspended until then joined in their final
consolidation phase. One of the characteristics of this phase is to
overcome the paradigms of modernity and the advent of
postmodernity [344] .
Despite the advance in the rights won axiom is that a reform is
needed in the labor normative model that establishes a minimum protection to all workers, below
which it is inconceivable to human dignity [345] , while not noticing the statement in full, since,
(...) It is urgent to reform the legislation, a reformist context of the
entire Brazilian legal system, allowing it to rub shoulders with the
profound and rapid changes that marked the social phenomenon of
the twentieth century and invade with the same dizzying pace the
dawn of the twenty-first century [346] .
Miniaturization of the state, aporia of a ridiculous monstrosity and
dangerous [347] , tends to transfer to the private sector ordinarily publicsticas functions, such as
the monitoring of compliance with human rights, which is also relegated to segments of the
nonprofit sector [348] . Indisputable that deregulation and flexibility are synonymous expressions

that lead to the idea of reducing the level of state intervention in labor relations [349] . Among
others, is that
In the global economic environment, the assumption of a tutelary
role of human rights by large companies indicates a trend of transfer
of the responsibility of the state to the private sector [350] .
While the worker tried to reserve the right to freedom of labor to the
same extent the company is to ensure the freedom of economic activity [351] . Achieving this
ultimate goal contrast to the formatting that first. It creates an exclusion dilemma. The freedom
of labor has become mitigated on behalf of the guarantee of economic freedom, as a direct
reflection of the fact that todaylabor law is treated by economists as if it were matter of
bookkeepers [352] . And are these (economists) that the rules acicataram production guidance
functions. And that's why
not then left to the legislator parental alternative to preserve their
functional authority other than that of less intervention and less
discipline, because the fewer disciplinary intervene and lower the
risk of being demoralized by the ineffectiveness of their regulatory
mechanism [353] .
Implements up program developed by international capital, which
sees no limits. Everything is done in the name of efficiency, competition, expansion of the
conditions of competition in the market. Any rights of the company collide with effective rights
of its workers; the latter lead to worse. It is claimed that without those latter do not exist and all
sacrifices are necessary, relevant, impostergveis. The problem is recurrent and
There is talk of destruction or minimization of duties imposed for
workers to provide for more productivity and more competitive
enterprises, namely favoring capital over the labor [354] .
These effects of globalization, the globalization of capital and
neoliberalism in relation to labor law. Orchestra is a movement that limits rights historically
achieved on behalf of a debatable efficiency under an ideological curtain which houses the threat,
fear, anxiety and apprehension about the unknown aspects that mark our times.
A treacherous voice begins to be heard whispering that one can not
speak in labor law where there is no employment, subtle lament of a man for himself if
opportunistic, submissive and sold. One lazy reason want to accommodate, forgetting a history
of struggles, led by those who have never used black tie.

2.4 Tax Law

The globalization

or capital globalization process generates a

scenario replacing the split world of the Cold War, it witnessed an ongoing conflict between
capitalist and socialist structures with those first victory. During the conflict between the US and
Russia asked that side were the rest of the world; today questioned whether the level and extent
of trading partners

[355] .

Concurrently, the proliferation of banking raises a perennial

speculation, an unusual movement of capital, contracts, public and private loans guaranteed by
governments of peripheral countries.
Regarding the latter the tax activity comes to play an unusual role. In
classical perspective of science of finance had been in the collection mechanism of absorption
values so that the state plays up his duties. Values were (or should be) targeted for safety, health,
infrastructure. Varied in accordance with the state model, which transcended the classic function
when formatted in keysenianos mold welfare.
It is for this reason that historically tax activity always made
unpleasant by the natural tendency of taxpayers in order to relate costs and benefits. And often
untie this simple arithmetic made in rebellions and revolutions. Ancient Egypt, the proto-state of
Israel in biblical times, China dynasties who claimed mandating the sky, the Greek poleis of the
rich Mediterranean, the republic and the empire of the Romans, the Islam that taxed the infidels,
the model Slavic fiscal bondage that the Russians knew the Middle Ages, England elisabeteana,
the British colonies in America, the conspiracy of Minas Gerais, finally a long list of political
clashes with background and tax purposes illustrate the assertion [356] .
In contemporary Brazil this ratio between what you pay and what
you have in exchange becomes absurdly dramatic. The current taxation does not stimulate jobs,
exports and industrial production; the current tax burden can reach 36.4% of GDP (gross
domestic product). When the change of the PIS (0.65% to 1.65%) the increased federal revenue
by about 16%. One gets the impression that the tax burden tends to absorb the resources that
circulate in the country. The impact of taxation in daily life transcends political economy issues
and qualifies government interference unnerving [357] .
The tax law duty, which is to be a champion of freedom, and it is
said active as Robin Hood of England's low average age, points to the bloody fury of the
government, without questioning the reasons of such behavior, as if there by the ruling a sadistic

pleasure in raising taxes without providing the contrast in quality services. The very
incongruities ( loopholes ) that initiates tax law, and tax lawyers both criticize, it is that promote
the reason of being and living of these robust office. Were it not for the disability tax law, tax
lawyers and accountants would not be so ordered.
The
fashion
of tax
planning ,
by
designing
and
selling products, disguised as injunctions and decisions that mitigate the burden on enterprises
and individuals is the result of that direct social engineering due to the globalized world. The use
of trusts and off-shore , for example, as tax burden reduction mechanisms, including promoting
conceptual doubts as to the fact of very elisivas or evasive practices [358] .
You have to go to the trouble of the fund. The current Brazilian tax
model is the result of the need that we see the powers that be in handling the foreign debt and
investment conditions in the country, as a logical consequence of the global economy. Set in
relationship model with the International Monetary Fund, (...) in 1998 the federal government
presented goals for the coming years in order to promote real growth in per capita income,
among other purposes. With this, he proposed a fiscal adjustment medium term and some
reforms in order to promote increased domestic savings[359] .
In this environment also thrives the Fiscal Responsibility Law,
Complementary Law 101 of 4.5.2000, which under the pretext of moralizing public spending,
paralyzes the alluded endeavors. In this sense, this law represents a milestone for the change of
fiscal management of the country (...) sets limits for personnel expenses, to public debt and also
determines that fiscal targets are established [360] .
In the past, for example d uring the Cold War, there was room for
maneuver, given that supposed to fight against the communist threat, along with our strategic
position, made possible a conception of geopolitics we favored. But the situation is no longer the
same. The maintenance of a debt service is that it gives the contours the national tax system. In
this way,
The proposed model ensures, on the one hand the timely payment of
commitments with the large international banks, removing the other
hand, those same features of its original destination. That is,
dismantling public services as health, education, security,
infrastructure, greatly taxes the less well-off, forgetting to improve
the progressivity in the tax on assets and income [361] .
As background, neoliberalism model that prints a new rhythm in
international structural, with consequent redesign of local situational models. that is why,
One of the consequences of neoliberalism is a process of
globalization, or the establishment of a global order. Once
determined by large corporations, economic activities do not suffer

more control of the states involved, especially the weakening of state

institutions created for that purpose. The main threats to this type of
interest are local initiatives (...)[362] .
Effectively is the local taxpayer who pays the bill this global
movement, unable to rise up against this condition. Like This,
With the globalization of markets and the cross-border trade of the
local authority requirement to staying in salaried taxpayer, the
incidence and withholding tax, and still unwelcome provisional
contributions on financial activities [363] .
Simultaneously, the search for stable currency and low inflation is up
because of a well-crafted legislation that promotes evasion and illicit. And in that sense,
Unfortunately we live with a marginal tax policy in the
contemporary globalization, stirring just the economically
disadvantaged and the deteriorating outlook in major cities, but only
in the context will be favorable ingredient if the desired reform
permeate the rational settling, load reduction, elimination of many
charges and the obligation of companies, football clubs, entities that
have religious temples only profitably connotation, everything that
prioritizes safety valve in legislation [364] .
The theme tax reform gained attention. Romantically imagined as a
lifeline for the lower tax burden, lends itself precisely to the contrary, in that it actually seems to
promote broader bases for payment. The tax law then live with a legal move which provides tax
reform that intends to expand this base alluded gathering, as a result of the crisis that the state is
seen taken.
The most perverse tax, sales tax, state and marked by strong
regressive competence, provides justification for tax competition that reveals serious problems of
vertical federalism.There is talk of a single federal legislation by identifying five tax rates,
replacing the twenty-seven current legislation, which oxygenate fiscal war denouncing horizontal
federalism issues.
The CPMF- contribution on financial transactions, would be
extended until 2007 making permanent what had been born under the aegis of
temporariness. Taxes on imports and exports also could cover services as well as products which
now record at the expense of any paradigm of free trade.
The newly created CIDE- contribution on the sale of combustveispersist with subsequent sharing among states and municipalities. Those would get 18.75% of the
collection, the latter with 6.25%. The COFINS contribution for social security financing, would

no longer be cumulative, failing to address all stages of production. The international taxation
now requires greater supervision and commitment, especially in the context of transfer pricing
and its fiscal control [365] .
It also is considering a necessary taxation of electronic commerce
internationally. After all,
The volume of this type of business can still be considered small
compared to the traditional trade, but it is very difficult to find any
economic analyst who did not glimpse significant growth for the
sector in coming years and sees in the development of the sector
directly related to growth economic in the medium term [366] .
Also Community law becomes part of the national taxation model,
similar to what takes place in the framework of Mercosur [367] . Occurs, however, that the
aforementioned system has not been implemented, together with the fact that their eventual
standardization goal up in matching precepts. In such a manner,
The Treaty of Asuncin does not create a tax system to Mercosur,
even deals with the matter in a specific way or depth, but the points
as a means, or as a step booster to achieve several objectives,
including the common market, due its strategic importance for
integration. For this, makes available to countries the
harmonization instrument, representing this not an end but a means
of achieving the ultimate goal (common market) [368] .
The use of blocks and harmonization schemes may represent
effective mechanisms in the fight against tax distortions that imprison the country's
development. In this way,
The globalization of markets dictates new rules and tax trends,
leading to the creation of economic blocs. In this partnership, the tax
harmonization taking into account these new trends is essential to
the survival of these blocks and the countries themselves that make
them. Tax systems should be prepared to integrate. In this context,
trying to follow different steps is to be alone, succumb [369] .
The issue goes beyond the tendency to discuss tax matters in purely
analytical field. The rule of design matrix of incidence, for example, has just genufletida the
relationship between sovereignty and globalization, which could never be imagined in the tax
reform of 1965 when it designed the CTN.
One can even think of a deconstitutionalization some tax issues, such
as speed mechanism that designing a less naive tax model and more realistic. with that,
Yes, we can purge the numerous constitution provisions more
appropriate content to be broadcast in complementary laws or even

by the ordinary legislator in the sphere of their respective

competences [370] .
And if the increased tax burden is a direct reflection of globalization
for us Brazilians, also realizes it is a normative drive that comes with time, as evidenced
above. It requires tax reform, especially since
Increasing the tax burden, but the State effectively fulfill its
institutional functions, only serves to make the productive capital
market, with negative effects on the economy, increased tax injustice
and with decreasing credibility of the State [371] .
Broadly, the debate is the unification of the ICMS legislation, and
consequent end of some tax incentives such exaction provides a contribution on added value to
replace half of employer social security contributions, the end of the cumulative Cofins (which is
already the subject for interim measures), the progressivity of the tax on inheritances and gifts,
transforming the tax into a permanent tribute, besides the disengagement portion of Union
revenue [372] .
The level of wickedness is great. One might think that the tax on dog
food is lower than that Tribute to the person table. It can be said that the botox, used for
suppression of wrinkles in beauty treatments has zero rate, while medicines are violently taxed.
It has to be compared to tests and attempts to tax reform,
First, it highlights the taxation on consumption, rather than
prioritize taxation on equity and income. The model follows the
confirmation of a clear intention to combat social development of
the country. This is because the tax on consumption is not
progressive, does not discriminate ability to pay that on which bears
the burden of taxation. A foodstuff is also taxed, regardless of the
economic condition of the buyer [373] .
Finally, Brazil is a peripheral country in the current global
order. Monitored by so-called global international actors, such as the International Monetary
Fund and the World Bank.In this condition, lives harassed for pursuing an economic stabilization
plan, shaped by a structural reform model that requires a tax attitude that promotes international
confidence in the internal possibilities.
The mirage to attract foreign investment are offered large bounties
tax on foreign capital, which makes us prey to an endless tax blackmail. The current tax burden
is a mere reflection of this international situation. Therefore, any reform bill or tax model not
argue before Brazil's position in this international concert, commits the sin of wanting to subvert
the means and ends, the part for the whole.

2.5 Procedural Law

The globalization

affects the Brazilian civil procedural law

determining a more streamlined procedural feature, marked by instrumentality and the criticism
of conceptual abstraction. The quest for speed promotes discussions around effective regarding
the adoption of binding precedents. Perspectives regarding a new perception of time mighty
prosecutors institutes precautionary guardianships in support of the new shades of
grievance

[374] and preliminary injunction [375] .

The widespread use of the internet makes worldwide network of

computers together with a test to provide faster judicial protection, engendering, on the other
hand, procedural problems unsuspected complexity. A collective civil procedure reflects
aspirations of a mass society that can not equate their legal problems through an individual
imprint process. Diffuse and collective rights demand solutions that mark a process that is
intended Guardian sprayed interests.
Institutes of Anglo-Saxon law cause hearts and minds of procedural
experts, like the class actions, the amicus curiae , of contempt of court , the writ of
certiorari. Yearning for a transnational and instrumental process speculate changes in archaic
models examples of rogatory. And this trend turmoil emerges a judicial reform attempt, spiced
by undisguised conflict between this power and the executive [376] .
The procedural law persists in trying to amalgamate legal certainty
to justice, a problem that has plagued him William Shakespeare when the composition of
the Venice Merchant[377] . Focused discussions on individual rights give way to processes that
envisage collective rights, all under strong impact of a new conception of procedural time,
(...) The weather was never as enemy of the process as it is
now. Never a precautionary function of the judiciary was so used,
here and worldwide. Never the time the judge has to have to think
about certain conflict of interest was so expensive and so timeconsuming, prone to derail the very adjudication. And the use of
protective function was determined by the company itself, also by

modifying the "old process", historically based on knowledge

process [378] .
Discussions about the effectiveness of justice point to an interesting
paradox: on the one hand, the distress, for many, access to justice; on the other, the large volume
of court cases[379] . Question side rises due to the reform of the pension scheme for judges who
rely on the support of lawyers as Arnoldo Wald and Ives Gandra Martins, advocates of a new
cause that publicly embraced.
They stated that it is imperative to consider the need to give the
judiciary a pension scheme itself [380] . Saul Ramos also came out in defense of the toga, and
he like it or not, the judge's functions have a direct and profound importance for the life of each
Brazilian [381] . A supposed empty erudition that historically marks the liberal bacharelismo in
Brazilian politics [382] is also seen as a cultural element that shapes a process and a needy
judiciary's changes [383] , determinants of a revolt against formalism, informed by the growth of
creativity of judicial interpretation [384] .
Because the jurisdiction is political power of expression [385] , it
receives influences of a contingency in which the state has to deal with the intersection of the
national legislative and institutional framework with the functioning of global
markets [386] . Reflection of reliability perennial crisis in the institutions, which is the very
systemic ungovernability peripheral political environment, restlessness towards the judiciary is
element that characterizes underground effect of capital globalization process.
It is in this environment that discussing the reform of the Code of
Civil Procedure, as relevant to a dreamed effectiveness, subduing paradox of modern
process and slow justice[387] . The procedural delays would be an endemic evil , compromising
the good image of justice [388] and justifying a new regime for formatting times in all copies,
common, private, own, unfit, statutory, dilatory and peremptory.
The appellate theme complain planisfrio simpler and faster with
new frames of appeal, adhesives resources, grievances, infringing embargoes statement, ordinary
appeals, extraordinary and special.
The binding precedent would be procedural mechanism lightness of
procedural haste. The model relates to the tradition of the common law [389] and summarizes in
the American constitutionalism [390] defining of the previous power [391] implemented already
in the first composition of the Supreme Court of that country, who judged themes that you were
affections, 1790-1801 [392]. The binding precedent pay would be to oblige lower courts and
monocrticos judges to judge according to superior decisions, maintaining consistency in the
application of the law by the institutionalized use of higher precedent.

The model of common law contaminate the system civil law under
pretext to limit the number of pending litigation, collaborating in the dissemination of legal
certainty and the reduction issues at trial. This impregnation foreign law seems to be common
and so,
In fact, this change would need to be made in the system, at the
constitutional level, so that the ordinary legislator could give
binding precedent effect. The Brazil, would then have here too a
mixed
system
of
Roman-Germanic
and
Anglo-Saxon
inspiration. This already happens in other places, where the
innovations introduced by the reform inspired by the American
system, away from our original model, for example, with respect to
class actions or even with regard to the introduction of art. 461 of
CPC concerning actions aimed at implementing the obligations of
doing and not doing, also strongly inspired by the French law
astreintes [393] .
It is also thought that binding precedent would strengthen the
achievement by the claimants of similar decisions for the same case, if oxygenating-the
principles of legality and equality, resulting in greater effectiveness with regard to legal certainty,
circumstance that can result in mere metaphor in a globalized world, lacking the phrase that is
legitimizing constructions pragmatic level, particularly in criminal field [394] .
The binding precedent could avoid the aforementioned legal
uncertainty and distrust of the judiciary, and in this sense:
The law is one (necessarily geared to accommodate one single
undertaking, in the same historical moment and never two or more
simultaneously valid understandings, ...) However, in terms of the
facts, decisions may be different, because the courts may decide
differently . It is common to two or more decisions, completely
different, about the same (very same !!) text, apply to specific cases
identical [395] .
However, as the binding precedent hiperpotencializa the higher
courts, raising apprehension toward any political interference in these courts, which have
occurred frequently in American law [396] , it is intended that it is absolutely essential that it has
a sense of what can be sumulado [397] .
Very high caution should give outlines the possible adoption by the
Brazilian right of binding precedent and consequently,
More and more transparent should be the criteria for choosing
ministers of the Superior Courts, if they fit edit overviews, which can
only be provided to generate more certainty and predictability, never
to "stifle" or "freeze" the law. For this, as we have seen, it is

necessary to watch out for the material that will be sumulando and
how they will be writing these overviews [398] .
Appropriate that register that today finds a conceptual migration that
affects models of common law and civil law. Because the same extent that continental tradition of
rights, such as Brazil, seeking solutions in the Anglo-Saxon model, that system has implemented
features to our right, like a crisis in normative production, characterized by genuine legislative
inflation.
This legisferante explosion of American law has been the subject of
frequent complaints, which give us realize that the written law was stifling North
America [399] ; likewise wonders whether the opposite is true, the purpose of our adherence to
procedural models that country.
New experiences highlight different formats of space and
time [400] in the world of globalism. A different perception of time requires unusual speed in
negotiating life, which can no longer be dependent on the prosaic slow process model more
formal feature.
The right is assimilated by the economy and the conviction ethics of
the latter recasts the responsibility of ethics that, we use typological categories
Weberian [401] . The right is pressed to give in to the time voracity of negotiating life, becoming
trainbearer the principle of efficiency [402] . And if time is money [403] , profit maximization
and mitigation of damages depend directly on the rational management of delay and
waiting. Consequently, the civil case must walk more hasty step.
The effectiveness of the process is now administered through
guardianship regimes of urgency and that way,
The injunctive relief until a few years ago, was an exceptional
instrument and sufficient to prevent the delay of the process led to
the ineffectiveness of judicial protection.Currently, however, there
has been a proliferation of precautionary measures and even
distortion of their use. These are phenomena originating from the
new requirements of an urban society of mass, which makes it
unacceptable judicial delays imposed by traditional forms of
protection. In fact, the forensic practice under the label of 'protective
custody', went on to design anticipatory guardianship, own the
effective protection of the rights that need to be made
urgently [404] .
The composition of interest by qualified resisted claims requires that
depart irreparable variations in the states of people and things [405] , such as the food
election [406] whose hopes depletes the holder of supposed benefit. Extends the concept of a

principle of jurisdictional control inafastabilidade [407] , explanatory motto of jurisdiction

function [408] ; delayed justice is no justice and judicial control is also the possibility of the
judiciary dominate the own pace, giving lightness himself.
The power judiciary
in
the
globalized
world
becomes
a service court. The right can no longer surrender to the watermarks of the process [409] , and in
this respect the recent procedural reform has allowed the loosening of old procedures, like the
new rule in Article 230 of the Civil Procedure Code authorizing the contiguous counties, easy
communication, and in which are located in the same region Metropolitan, the bailiff may make
quotes or subpoenas in any of them [410] .
Similarly, the small claims court, widely known in European civil
procedure [411] , and among us normalized in the law n. 9079/95 also fosters this new
perspective of speed because
Discouragement because the lender the fact that it has authoritative
document and know that the debtor has no defense to resist him, and
even then, have to face the complexity of knowledge process to just
after him, get means to run the default [412] .
The widespread use of cyber media, like the resources of the
Internet, has caused great impact in the Brazilian civil procedural model. Become faster and
more dynamic compositions of petitions, pleadings, decisions and resources and the consequent
design of all kinds of imagined procedural and academic pieces.
The domain of the resources of word processors by the legal
operators, which still benefit from the speed and reliability of data research online , has
represented substantial savings of time and effort. Notwithstanding the anarchic character that
stains academic publications published by the internet , because of poor quality control models,
we see effectively that cyberspace has much to contribute to the achievement of greater
efficiency in the legal environment.
The jurisprudential research possibilities illustrate the asssertiva,
indirectly providing greater efficiency to the proper administration of justice, due to the
standardization that can be achieved.
This euphoria, however, needs to be problematized, because there
are risks that it reduces the right to the dictatorship of a computer domination [413] . Accepting
that technical models are invaders [414] and that the right tends to be qualified as a consumer, it
is feared the expansion of the gap between real justice and formal justice.
Similarly the right written in the continental system [415] emerged
from the struggle against absolutism and intolerance [416] , after betraying the hopes in
achieving an effective and concrete justice for all [417] , the cyber revolution can provide the

right belief in false promises. The assumption that a better budgetary allocation to the judiciary
could technologically modernize would be the solution to the problems of contemporary forensic
management appears to be the symptom of this pathology.
It has been another focus of tension within the limits of a
bureaucratic right [418] , which now justifies its ineffectiveness and inefficiency hidden in the
wall of the old excuse thatthe system is down.
However, positive and optimistic outlook on the world, which a
salvific faith in rationality, admit habermasianas premises [419] , justifies identify progress that
the internet may raise the procedural practice.
This is the case of interrogation on line , innovation assigned to
Judge Luiz Flvio Gomes [420] . Opponents argued that the physical presence of the judge is
indispensable, given that communication transcends the written text and that is complemented
with the observation of gestures, looks and charged behavior. Advocates of bold attitude judge
realized that the goal was to ensure swift justice, and in this sense the sacrifice of a holistic
understanding of hermeneutics of interrogation prospectively had justified the choice. that is
why,
It's time to be admitted to a relative sacrifice to the traditional way
of carrying out the solemn judicial acts for the sake of process
agility and faster adjudication. Access to justice, recalling once
again the lesson of Kazuo Watanabe, is access to fair legal system,
which will be closer to being achieved, in criminal matters, with the
massive adoption of online interviews, with due regard to minimum
safeguards (. ..) [421] .
Courts begin to organize home pages facilitating monitoring
processes, decisions and jurisprudence [422] . Mailing lists together categories of legal
prosecutors, like cyber spaces created and frequented by prosecutors of the national farm, public
lawyers, experts in various fields of law, among others.
The use of electronic mail ( e-mail ) can facilitate the referent model
the communication of procedural acts, and extensively the Law 9,800 / 99 would mean
permission to do so[423] . There is, finally, cultural boundaries, reflecting prejudice attitudes to
cybernetics, along with material and economic barriers, stemming from cost of access to the use
of computers.
Reflecting a mass society that demands a mass process, proliferate
mechanisms for discussion of diffuse and collective rights. Diffuse interests embrace an
indeterminate number of individuals and open [424] . collective interests are relevant to the
institutional purposes of a particular association, corporation or intermediate group, derive

from a previous legal bond that unites members [425] . So the indeterminacy is the hallmark of
diffuse interests and specific character to those involving collective [426] .
The civil action is procedural mechanism that lends itself to defend
diffuse interests [427] , with the object of obtaining money or conviction in order to fulfill the
obligation to do or not do [428] , serving the defense of the environment, cultural heritage and
consumers. When it comes to specific consumer protection, provides the Protection Code
(Articles 91-100) A Brazilian class action, inspired by the class action the US model [429] , a lot
of use in the state justices that country [430] .
The Brazilian procedural law also flirts with the amicus curiae ,
the friend of the court , which is based on friend of court of US law [431] . The amicus curiae is
that third party protocols that petition action which is not a party but in respect of which have the
advantage untie [432] . This Institute (...) for its informality and peculiarities does not keep
likelihood with our third-party, which unfolds in various procedural institutes (CPC, arts.
56/80) [433] . The amicus curiae allows third participate in a discussion whose outcome
projected effects on their business.
Their inclusion in our model raises curiosity, especially because
The political and economic fact of "globalization" (or globalization)
is posing a critical review in the judicial process, with special
reflection on the means necessary to ensure that citizens' rights are
widely considered. This block of vigorous commitments to the rights,
individually or collectively considered, Orthodoxy can not prevail in
the judicial process and the accommodation would lead to the end of
jurisdiction with the content of its effectiveness [434] .
The gargantuan volume of cases decided by the Supreme Court
requires us to reflect on admissibility other models, such as the writ of certiorari , featuring
accepted the judgment of the US Supreme Court. That house exerts full control over the
processes that judge, acting in complete discretion regime, by selecting the cases that want to
judge, for which feels mature and ready to intervene [435] .
The workload ( work load ) is controlled, the intervention of the
Supreme Court is final and binding. The prestige of its decisions is one of the nation's political
supporters, even in times of crisis, to Republicans who failed to condemn the Clinton affair with
Monica Lewinsky [436] or Democrats, who had the presidential elections of 2000
kidnapped [437] . There are also some attention to the contempt of court , for which the
procedural actors who obstruct the activities of the judiciary are punished [438] indirectly
discrediting the role of justice.

One of the biggest challenges that globalization imposes on Brazilian

procedural law is in shaping and enactment of a set of transnational rules of procedure [439] , as
conceived in the Transnational Rules of Civil Procedure, teacher Geoffrey C. Hazard design Jr.e
Michele Taruffo. The latter is a professor in Italy, that first in the United States.
The project aims to unify the procedural rules of several possible
normative families. However, because of the constitutional right to jury trial, the United States
could harass the project. Like This,
One aspect that threatens the project's legitimacy is that
transnational standards may not be fully adopted in the United
States, a large number of cases. First, in view of the constitutional
guarantee of the jury in some of a civil dispute. The jury trial
requires a process to some extent incompatible with the
standardization proposed project. The very existence of the jury can
already be considered a drastic abandonment of the ideal of
uniformity required by the rules [440] .
First reading proposes some utopian or nave in the unification of
civil procedure diplomas project [441] . Internal procedural rules would be used
complementarily [442] and the model assumes endless procedural analogies, complex implement
the factual life.
Challenges to mapping of procedural law, on the assumption that
customs molded over the years of internal normativity will yield easily to this procedural law of
globalization.
Thus, the effects of globalization in the process can be felt in the
substantiation of search effectiveness, through a radical instrumentalism, with a new conception
of time, to justify tutoring and new grievance models and preliminary injunction, the
vulgarization of use the internet and other cyber means to fulfillment of procedural acts and
monitoring processes in the design of a collective civil, reflecting a mass society, owner of
diffuse and collective interests, in approaching US institutes, such as the amicus
curiae, of contempt of court , the class action , and finally in an attempt to implement a
transnational civil procedure.

2.6 Civil Right

The Brazilian civil law in the age of globalization faces a myriad of

new problems with regard to issues of bioethics, genetic predecessors, logical address, new
marital relationships, virtual infidelity, all contradictorily marked by a movement of a
constitution

[443] themes of ordinary privatstica topography [444] .

The monumentalism of the civil code also gives a normative

plurivocity, in private law, the civil code loses its centrality, overcome by multiple
microsystems [445] . civil law Integration in regulatory environment of integration processes is
also a theme that sets the agenda of a civil law globalized world [446] .
The individual and private influence the general and the public,
carrying out the image of Guy Sormon, for whom the air displacement caused by the wing beat
of a butterfly in Beijing can cause a hurricane in California [447] . It is relationship that raises a
causal link between action micro and effect macro [448] . The problems of a large number of
effects that globalization promotes difficult to understand [449] , forcing the breakup of the
dichotomy between public and private law, conceptual reflections and hermeneutical canon,
especially in relation to the latter, private law, which regulates freedom of choice. This is the case
of doubts related to issues of individuals, associations, contracts, domestic and foreign
companies, wedding.
Conceptual changes exhibit a transformation of paradigms that
assume risks and possibilities [450] ; fight the civil law for new root anthropocentric [451] and
has this contingency with ancillary epistemological fields, the conducive outline of a map of
transdisciplinarity [452] . The environment of civil law influenced by globalization is not
isolated into separate regulatory content, and the code of the systematic index assumes cultural
multivalence for understanding all matters focuses.
Bioethical thought-provoking themes already thrilled literary
creation and the artistic imagination in a way announcing problems that contemporaniedade
lives. Science challenges the natural evolution (or complements) and geographical spread of its
technical promotes unquestionable projection issues in civil law. Methodologically, and the
purpose of the reference to artistic creation, the seizure of the normative through fiction literature
by exploiting typical characters [453] or literary criticism of legal texts [454] or reflections on a
fair desirable [455] , articulates m wide speculative field.

In this sense, necessary reference to Robert Louis Stevenson in The

Jekyll and Mr. Hyde contrasted the candor of Dr. Henry Jekyll with the madness of Sir Edward
Hyde [456] , that melancholy, the latter manic, use basted categories by Michel
Foucault [457] ; the monster born physician, was himself, and the characters imply ethical limits
linked to the use by man of scientific discoveries that does.
Mary Shelley played on bioethical issues in 1818, year of her Gothic
novel Frankenstein , which portrays a scientist who exceeded the limits of ethics and
conscience [458] . Dr. Victor Frankenstein was a Swiss doctor who still young, fascinated by
the secrets of heaven and earth [459] , feeling like a God [460] , prepares a creature, a monster,
whose quest leads to his own death. The teratological figure dreamed of being loved, was
sensitive to the beauty of nature, human feelings. The monster was desperately lonely.
The novel portrays ambition, human nature, injustice, friendship,
education, destination. It shows that man can artificially reproduce life, but be generating
engenders unease and imbalance with the natural environment.
The problem gets larger with the proliferation of the use of
technologies that globalization and increased contact between cultures and techniques allows,
like
artificial
insemination,
fertilization in
vitro, sperm
donation,
ova
and
embryos [461] . Eduardo de Oliveira Leite investigated medical, religious, psychological, ethical
and legal aspects that prometaica reality stimulates questioning:
The important processes occurring from the second half of the
twentieth century in the life sciences sector, challenged researchers,
doctors and lawyers, as well as the public, with new issues, serious
and difficult to answer: can and should be developed all that is
scientifically and technically possible, on experiments on humans,
the use of the human body and procreation? The moral and positive
law are fit enough to face these new issues? Or new techniques are
demanding new rules able not only to overcome the problems arising
therefrom, as well as set limits application of new knowledge? [462]
It proposes a list of principles [463] guiding normative solutions,
linking ethics and technology [464] . Respect for people, beneficence, justice, self-awareness,
informed consent, physical defense of life, liberty, responsibility, sociability, legality of means
and ends, the common good, would be the conceptual references to inspire solutions to concrete
problems.
This principologia tend to find hostel in constitutional texts and
therefore points to another relevant point to a civil right to globalized space, and that is a
tendency to constitutionalization of certain niches of private law. This applies to the publicity of
family law today affected by the predominance of constitutionalism [465] .

Family law also seeks to win a historic estrangement with secular

alternatives of common marital life, cast in fellowship , concubines and stable unions, socially
perceived by a lush impregnated moral tolerance, reflecting a greater acceptance of other ,
cultural behavior that identifies aspect Positive call globalization of cultures. Like This,
There is a complete overhaul of the current concept of family. Not
properly only in Brazil, but as a worldwide phenomenon. In most
corners of the planet, it turns out that the family model traditionally
the one that prevailed in the Greco-Latin molds later Christian-has
been losing ground for the emergence of a new family. A family
remains indispensable as basic cell of society, essential for the
survival and the State, but that is founded on values and different
principles from those of the traditional family once
aliceradores [466] .
Although apparently alternative, advanced and forward-looking, the
reproduced above vision keeps the canons of conservatism, centralizing the family (resized) in
the social space and state. While that didactically elegant and well placed, the above excerpt
insists on despising anthropological characteristics [467] , dictating a Western and homogeneous
axiology to a world that unfolds in plurvocas social practices.
It seems to be typical of the traditional legal discourse ownership of
caring relationships and affection by choice not intended to jurisdicizao, and are disregarded
by the reactionary cry why not marry [468] ? It stigmatizes the-concubinage, the free
union, hemigamia [469] under the false impression that there is some acceptance, disciplining
yourself what ordinarily intention was not disciplined. The constitutional legislator 1988 took
advantage of the trend and tamed what was intended legal empty space.
There is talk simultaneously in a constitutional civil rights on behalf
of a dual consideration of the normative character of the constitution and the presence of
traditionally civilsticos issues in the constitutional drafting. The interference of the Constitution
in the economic environment [470] draws, for example, a personal autonomy model that
identifies the contours of negotiating freedom neoliberal [471] while pregnant with AMENDING
interventions facade [472] .
Subtle antinomy [473] between constitution and civil code, however,
plasma imprestabilidade of a text is eminently patrimonial, in comparison with a constitutional
wording which aims to realize the dignity of the human person [474] , content that the global
system is defined by most qualifying strength and international deliberation as unanimous
reference [475] .
In this way, the legal power of free will presents itself as
distinguishing feature of the transaction [476] and the legal business ceases to represent a

simple way to exchange goods and begins to mirror the performance of an economic
freedom [477] . The problem (or false problem) is that economic freedom varies contingently
with the conformation of the organization of the capitalist system, and in that sense Brazilian law
becomes vulnerable [478] to external influences [479] , produced in the system of centers that
today's triadic space invoked by Franois Chesnais [480] .
A cast for these categories break down the negotiating existence in
constitutional or private sphere emerges a typical wave of our times, dissatisfied, and many
countless times mistrust regime towards the neoliberal order and identified with the name of
global civil society ( civil global society ) [481] , translated into models nonprofit [482] .
Civil associations postulate diffuse interests, collective and
transindividual, profiling tinted legal personalities ongs- NGOs. The NGOs can be
metaphorically perceived as mendicant orders of contemporaniedade, leading just wars without
weapons, without violence, without borders, as domicanos downtown Middle Ages and the
Jesuits at the beginning of the modern age [483] .
The much vaunted aggiornamento of the new Brazilian Civil
Code [484] allegedly tagged by objectivity and contemporaniedade [485] , based on principles
of ethics , sociabilityand operability [486] did not reach the reality of these companies, generally
initialed under the title of associations, labeled fulfilling of non-profit [487] . The third sector
occupies spaces that desidiosamente the state become neutral, promotes employment
opportunities than traditional segments (public and corporate) can not generate and dealing with
the undeniable social value activities, such as the protection of the environment.
This sector is being effectively regulated by a multitude of standards
found in the code and outside the code, calling these normative microsystems of the global legal
space, identifying a continuous decoding process [488] . Species associations, statutes, records of
incorporation, termination, working arrangements (voluntary or paid), tax regime, cast of tax
incentives, immunities, social grants, aid in obtaining title of public utility certificate entity
philanthropic, bonds of social organizations, qualifications model, general statutory
requirements, applications and loss of qualifications, terms of partnerships, are subjects
disciplined by various legal instruments, ennobling one microsystem with their lives, although
inserted into the state legal model , so we do not see (yet) that legal neomedievalismo that
intrigues a conceptual pluralism that realizes various legal systems beyond the conventional state
system [489] .
National companies as defined in Article 1126 of the new Civil
Code [490] suffer fierce competition from foreign companies, the latter you identify in Article
1134 of the already alluded book civilians laws [491] . Foreign capital insinuates itself also (and
especially) in constitutional level, and the explanation for the enactment of constitutional

amendments that broke the state monopoly on gas distribution, telecommunications and oil
exploration in addition to the market end of the reserve internal navigation and benefits for
Brazilian companies of national capital. The IDES- foreign direct investment [492] act
through ETNS- transnational companies in the periphery of our economic model.
The legal structure of these legal entities determines that the
Brazilian civil law provides new actors. So in addition to the traditional figures, public, private,
foundations, first and second sector, alongside organizational models of third sector also arise
mimetic personalities who perform the triumph of international capital. Effectively,
Expression of a growing international need for regulation, that the
existing system could not meet the governmental and nongovernmental proliferated rapidly. From 1939 to 1980,
governmental organizations increased from 80 to over 600, while
NGOs grew from 730 to 6,000. 80s on, factors that, along with some
others to the (global environmental degradation, erosion of US
hegemony, Eastern Europe's integration difficulties in the 'new
world order'), point to the revision of the international
system [493] .
Finally, these changes resize the traditional split between public and
private law contents, determining the saga of encodings, which fall within the planisphere of
legalistic ideologies [494] and that the French model are the best example [495] , surrounded by
tone distinctly conservative [496] and also reached the German tradition [497] .
Postmodernism that oxygenates the globalizing legal trends is a
reaction against generalizing and rationalizing trends of modernity [498] , indicative of the
Roman concept of appropriation of public and private [499] identified the codes
jusracionalistas [500] , also produced in the periphery of the system [501] , but molded in the
continuity of the legal and positive reality of dogmatic hue and European legalistic [502] , who
always kept traces of canonical tradition [503] .
The constitutionalisation of civil law makes it less private and more
public. The decoding makes it less public and more relaxed, privatizing it so. Thus, describing
pendulum motion, oscillating between public and private hermeneutical benchmarks, the
Brazilian civil law of the globalized world is going through a time of profound practical and
conceptual transformations.

2.7 Consumer Law

S ob strong influence of globalization, the consumer's right fall to

citizenship as a fundamental element of the legal system [504] , focusing the protection of
consumer relations in what is ontologically less enough, weakened in a risk society [505] . The
intensity of the negotiations agreed by cyber means fosters a legal status oriented grasp
negotiating realities in virtual extensions.Technology transfers and industrial planning great
level

[506] , with electronic means of distribution, such as the amazon.com, spray one of the

poles of the relation consumption, making the intervention of the judiciary in irregularities
correction.
There is an impact of globalization on the contractual nature [507] ,
mainly from the widespread use of electronic contract in which the converging statements of
wills are made online, or through electronic mail (e-mail), chat rooms or chat (chat) and web
pages (web-sites) [508] . business dealings cyber origin menoscabam state presence, weakening
it, realizing the neoliberal project of a minimal state intervention and anemic, although at least
conceptually subsist numerous forms of political actions organized in economic activity [509] ,
as subject of law of these relations [510] .
The globalized world is characterized by new technologies, which
reach all areas of human life, and reference is also made specifically to genetically modified
foods, the so-called transgenic. These products are marketed and shall initiate unexpected
projections in consumer relations.
Links between citizenship and consumer law, with respect to
information regarding the characteristics of GMOs, promote interesting frameworks marked by
fierce stances.Undeniable that the legal regulation of the marketing of GMOs requires suitability
for the right microenvironment that characterizes the consumer protection code. In this way,
In the case of GM foods, it has been unequivocally demonstrated the
perception of consumers and society at large that the information on

the nature of the food is relevant to the exercise of freedom of

choice. So much so that not only consumers, but also the suppliers,
although for various reasons, have been mobilized to obtain and
Foundation information on GM food quality [511] .
Lack of information by consumers in relation to genetically modified
foods, has sparked a wave of protests. Such movements remind us movements against water
fluoridation, pasteurization of milk, test tube baby, birth control pills, etc. [512] . Transparency
of information to consumers, in the context of commercialization of transgenics, demand
clarifications regarding prejudices, myths and doubts about genetically modified foods.
According to an article published by national circulation of
information magazine [513] , the consumer and the citizen have questioned whether the
transgenic grain intake can cause allergy, the fate of experimental grain, the relationship between
cancer and the consumption of such foods and between these foods and the genes they get from
antibiotic-resistant bacteria . Wonders whether the ingestion of genetically modified foods could
alter the DNA chain of man himself. Questions to which the risk of a transgenic seed in testing
be stolen lab and contaminate nature. He wonders if the wind spread seeds of a transgenic crop,
other natural species could not suffer dangerous mutations.
A perspective consumerist citizenship determines the clarification of
issues such as listed above. Although, of course, know that the referred questions, of high
scientific content, are not currently pacified. Like This,
The consumerist citizenship takes place in a of its dimensions,
through effective participation of the consumer in the consumption
consciously and autonomously, expressing broad and freely their
individual ability to choose and performing the satisfaction of their
needs and wants. The basic instrument for the realization of the
consumerist citizenship is access to information [514] .
Consumer relations in a globalized world also suffer the impact of
using various negotiation means, such as credit cards, common in acquisitions electronically via
the internet . It questions the applicability of the subject of consumer law to the credit card
system [515] , theme also directly linked to the order regulating the financial system, an issue
that is a priority of constitutional background [516] .
The painful question of the possible insertion of card issuers with the
list of financial institutions [517] strict sense generates aporias regarding the subsumption of the
negotiation model of plastic money in consumer normativity ball. Concerns about the collection
of fines in amounts higher than expected by the CDC, sending without user request credit cards,

among others [518] , promote reinterpretations of market relations in line with desiderata
efficiency [519] negotiating with minimal constitutional guarantees [520] .
The internationalization of consumer relations, accompanying the
globalization of capital makes the Brazil worry more actively and effectively with consumer
protection of normativity [521] . Two reasons justify concern:
The first concerns the basic principles of human rights established
by the United Nations, whose rights are inserted consumer rights,
and the second, increased competitiveness, improving the quality
and safety of products at national and international level, according
the world-class standards [522] .
You can see a healthy trend of export quality because of an urgent
need to adapt the national product to international standards. On the other hand, not everything
that is imported is why good quality [523] , despite national cultural environment that insists on
overvalue the foreign goods, such as tires, which are manufactured abroad for use in different
conditions of our roads. The same can be true when it comes to imported car. The price element
plays an important role in qualitative assessments, by the conscious consumer who seeks to
avoid falling into traps arising from all forms of fraud[524] .
Globalization promotes changes in the production structure and the
market [525] , resizing consumer relations. Marketing strategies are reviewed and consumer
receptiveness towards invested suffering has varied substantially. Their rallying cry is intense
changes in industrialization models. Gone is the model Ford , also called Taylorism [526] , based
on the large factory, the orquestrad in England [527] , periodic planning, with extensive training
aimed at routine tasks [528] and fragmented [529] , in which there is a worker
monoqualificado [530] , controlled by a hierarchical bureaucracy.
The manufacturer defined the product, imposing it to the buyer. It
was when Henry Ford stated that consumers could buy the car color you wanted as long as it was
black ... Raw materials, exotic tropical genres and consumer markets were pursued in Africa and
Asia, continents that so inflamed the imagination of adventurers and English travelers [531] .
A paradigm shift takes place with the flexible specialization of
medium and small plant, which qualifies the model post-Fordist. The plants adapt to demand,
making order trackingonline . Workers receive specific treatment, the tasks become varied,
requiring poliqualificao. Decentralized networks address the needs dictated by the consumer,
despite a certain inertia of the latter [532] , although aimed at common strategies, given the
supposed process of linking multiple people around the world [533] .
Like This,

The strategy of flexible specialization and post-Fordist is mainly

aimed at obtaining market advantages by offering a product with
unique technology, unique quality, or supported by unique
service. The provision of a single well allows the creation of a niche,
which, in turn, allows the maintenance of high level of commercial
profitability and stability. This, however, requires changing the
product, the combination of innovation with flexible ways of
producing [534] .
The consumer society acquires features of a society
services. Increases the volume of grievances, leading to a large number of conflicts that are
beyond the reach of conventional judiciary. Less individual and more diffuse rights have aporias
for jurisdicizao and resolution of disputes relating to consumer rights.
M uch of course the impact of globalization on Brazilian land rights
d relations consum. It is normative category subsumed to the highest principles of citizenship,
enabling up a consumerist citizenship. In pursuit of that policy mode perceives the consumer
rights in getting information, in which case the issues of GMOs is important example. It is
observed clear decrease in size state, and one of the symptoms constitutes desjurisdizao
discussions on consumer relations.
New contracts, cyber formatting, raise alternative and pragmatic
hermeneutic models. This is the case of understanding on credit card, in connection with the
insertion of administrators houses as financial institutions and the implementation of CDC in
ancillary regulation of the matter. It is perceived quality export trend, due to requirement of
international standards, with a positive impact on the Brazilian consumer, with regard to product
quality. New marketing strategies affect consumers in their decisions, reflecting aspects of the
post-Fordist model and some enhancement of the consumer with regard to dictate tastes and
trends, while recognizing that pressure from media structures.
In all fields of law is very clear the impact of globalization on state
matters, Nation and Sovereignty [535] , with intense reflections in everyday life, mesmerized an
institutional reform never implemented because it focused on an expected democratic
consolidation [536] low feasibility. Globalists and skeptics are still discussing concepts that
divide perspectives among those who only believe in internationalization mitigated, offset by
those who surrender to the illusion of a world united by intense flows, approaching peoples and
continents [537] , performing a utopia, what image of superlative Freudian analyzing dreams
never dreamed.

3. Conclusions

The present approach of the effects of globalization, neoliberalism

and globalization of capital in relation to Brazilian law allows the following conclusions indicate
that:
1. Our peripheral condition makes us attractive environment for
capital accumulation mechanisms from the center of the system;
2. Format is a guarantor legal model of deregulation, miniaturization
of the state, the rights of limitation, mitigation historical achievements, hand-cheap labor, free
access and movement of foreign capital;
3. The neo-liberal ideology in Brazil was reported by Roberto
Campos, virulent critic of the Constitution 1988 statist;
4. An opposition among lawyers and economists plasma our
time. Those are more concerned with the means and values relating to justice, the latter
concerned with the purposes and with efficiency. The Weberian categories we use, jurists act
along the lines of ethics of responsibility, economists act in the premises of the ethics of
conviction;
4. The social security law reread the principle of solidarity and a
constitutional reform underway want to adjust our model to a minimum burden to the State;
5. Criminal law plasma internationalization of crimes, an
accountability movement of corporations and a likely model of privatization or outsourcing of
justice;
6. International law discipline a new world order, remove the
ensejadora of supranational law project of Hans Kelsen, due to the decrease in the United
Nations powers;
7. The environmental law precludes economy and ecology, with
developments in the context of sustainable development;
8. The Brazilian constitutional law promotes a state of remodeling,
as a result of the implement of new paradigms of sovereignty and economic order;
9. We live in a constitutional crisis, accelerated by the proliferation
of amendments that reduce rights won in the original 1988;
10. It is alleged that the constitution is relegated to a mere symbolic
document, reduced to simple cultural reference;

11. We can see an incompatibility between the Constitution in force

and economic order in progress, especially in the context of public subjective rights enshrined in
the 1988 agreements;
12. nationalize, privatize, and desconstitucionalizar desregionalizar
seem to be verbs that characterize the current trends of the Brazilian public;
13. This constitutional consequent realignment of globalization
promotes three conceptual attitudes: a neoliberal perception of victory, as if history were actually
at the end (with roots in Fukuyama), a nostalgic reading that preaches unconditional return to the
essential lines of text 1988 and a realistic design that advocates reforms needed with a minimum
of loss of rights achieved;
14. It develops an agreed administrative law, by increasing
delegation of public services;
15. Promotes was a hasty privatization process, with very heavy
burden to national interests which can be counted as primary;
16. proliferate regulatory agencies, which enjoy good degree of
autonomy, with directors with fixed term, in order to relax the public administration model, in
order to ensure favorable environment for attracting investments;
17. Redraw up the civil servant status, which loses rights and living
requirements for the performance and efficiency;
18. The right of the Brazilian labor promotes rules that enable social
dumping , by the proliferation of regulations that restrict social rights;
19. There is trend of substantial change rules of labor law in
guarantor model training function workforce, cheap labor;
20. It can be seen a decrease in the participation of the union
movement in labor rights claim system;
21. There is a tendency to guarantee the economic freedom of the
company to the detriment of the freedom of labor, as projected by the labor law tradition;
22. The tax law promotes mechanisms that enable the increase of
taxes, given the need for the state to obtain resources to meet external pressures;
23. The Brazilian State tends to broaden its tax base through the use
of contributions, which by constitutional command force need not be shared with other levels of
government;
24. The Brazilian civil procedural law tends to adapt to a mass
society, which is why protection diffuse and collective rights, extending the jurisdiction of
models, with regard to these rights;

25. Criticises the conceptual abstraction that gives way before

f'rmulas of instrumentalization of procedural activity;
26. speed Expectations promote discussion around the use of binding
precedent by the Brazilian law;
27. is considering is a new concept of procedural time, theoretical
category that oxygenates discussions concerning such issues as relevant to the slow pace of
justice;
28. The revolution in the control and management of information
substantially alter the forensic everyday. A dictatorship of the call is feared informatics of
domination , natural antidote to the cyber proselytizing;
29. The Brazilian procedural law flirts with some procedural North
American models, such as the amicus curiae , the class action and the writ of certiorari, among
others;
30. There is a growing tendency to be thinking about an international
procedural law;
31. Civil law manages themes that reflect the globalization of
science, like aspects of bioethics, logical address, virtual infidelity, among others;
32. It can be seen also a constitutionalisation of civil law;
33. witness to new forms of legal identities, like the ongs- nongovernmental organizations;
34. The right of the consumer happens to be formatted in terms of
consumerist citizenship;
35. Transparency of media interventions and pedagogical
optimization indicative of informational purity standards require clear and exact postures
example of immediate consumption goods such as GM foods;
36. New negotiating means, as franchisees when using internet and
electronic contracts determine the legal seizure of differentiated consumer relations;
37. The internationalization of consumer relations oxygenates the
formatting of consumer protection export models;
38. Replaces up the Fordist model of industrial organization by
systematic brand new, based on the consumer's dictatorship;
39. They outline is spraying tasks worker specialization, whose
routine is determined by demand on line ;
40. Globalization is a metaphor that expresses economic and cultural
condition, with very strong reflections in Brazilian law.

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