Banca de QUALIFICAÇÃO: DIOGO AUGUSTO VIDAL PADRE

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : DIOGO AUGUSTO VIDAL PADRE
DATE: 25/06/2024
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3armxJZQlN3W5IuV8XSSvGwYjtJlvSctSwvOmq3HwHixY1%40thread
TITLE:

Judicial regulatory power abuse: an investigation into the use and abuse of regulation through litigation

KEY WORDS:

Judicial regulatory power abuse; regulation through litigation; strategic litigation; judicial intervention; economic efficiency.

PAGES: 50
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis investigates whether judicial decisions can result in abusive regulations, where the damages caused outweigh the expected benefits. In the first chapter, the research contrasts the dynamic approach of the Austrian School with the static approach of neoclassical economics, exploring the economy as a dynamic process of discovery and competition. In the second chapter, the thesis studies regulation through litigation in the Brazilian legal context, analyzing how the judicial process can be strategically used to achieve regulatory effects. The study identifies concrete cases where the Judiciary acted in a regulatory manner, highlighting the growing role of courts as regulators. In the third chapter, the thesis examines whether judges can abuse regulatory power by issuing decisions with regulatory effects. It is argued that judges, like regulators, are susceptible to making errors that result in regulations causing more distortions than benefits. The limitation of human cognitive abilities and the lack of adequate incentives to correct market failures are factors that highlight the possibility of judicial regulatory abuse. The chapter also explores how judicial regulatory abuse can be corrected in Brazilian law. The results of this research provide important contributions for policymakers, legal professionals, and academics, helping to create a more efficient and just regulatory system

COMMITTEE MEMBERS:
Presidente - 1347019 - AMANDA FLAVIO DE OLIVEIRA
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Externo ao Programa - 1122890 - RODRIGO ANDRES DE SOUZA PENALOZA - null