Processos jurídicos transnacionais estatais: o fair trade e a construção do sistema de comércio justo e solidário no Brasil

Machado, Maíra Rocha
Rachman, Nora Matilde
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This study aims to address the following question: what was the influence transnational regulation of Fair Trade had on the construction of the Brazilian public regulatory framework on fair and solidarity trade - Sistema Nacional de Comércio Justo e Solidário (SCJS)? To answer that question, we will seek to understand the regulatory construction process of both systems through document analysis (legal norms, institutional documents, reports, minutes, newsletters, forms and other electronic documents) and interviews with two central actors of the process of the SCJS construction: Fabíola Zerbini, Executive Secretary of Faces do Brasil at the time of its creation (a key organization in the process) and Antonio Haroldo Pinheiro Mendonça, coordinator of the Brazilian Work Group for the SCJS creation and current coordinator of SCJS in the Work and Employment Ministry. The literature on Transnational Private Regulation constitutes the background of this analysis, which is made upon the typology proposed by Gregory Shaffer to address impacts created by transnational legal processes on state change. Through this study, we could see the central role intermediaries had as conveyers of transnational legal processes and, at the same time, embedded in local movements, demands and politics. The State was a constant actor of the process, present at times as a participant (inside Faces), and at others, as leader of the process (in the Government Workgroup designated to produce the legal norm for the National Fair and Solidarity Trade System). We observed that Brazilian State aims to become a transnational player as a global reference to public policy making on the theme. Finally, we concluded that transnational legal processes and its impacts on States are not linear and its results cannot be foreseen, especially because they are recursive - transnational legal actors try to influence national law making and practice and, at the same time, local resistances and adaptations mold the regulatory process, resulting in an outcome that can also come to serve as a model for subsequent transnational legal processes. This study aims therefore to contribute to the understanding of the role of transnational private regulation and the national regulatory responses, as well as to Law and Develpoment studies, as it produces a narrative and sheds light on the yet not studied phenomena by legal literature: the construction of the Brazilian fair and solidarity trade system vis-à-vis transnational private regulation processes, through the observation of Brazilian legal frameworks and institutional dynamics.

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