Emerging countries went through big changes in the 1990s. Economies that were closed were opened up to foreign investment, and many state-owned businesses were sold off. There were big changes in Brazil's legal system because of this "global transformation." The corporate legal field saw the most change. This sector is made up of all the organizations and people that give legal help to businesses, whether they are domestic, international, public, or private. The globalization process caused big changes in the national political economy, a lot of new laws that rule business activities, and a need for new types of legal services to help companies deal with the new laws. This caused a lot of institutions that offer legal services to businesses to grow very quickly. It also changed how lawyers worked and how they were organized. There are a lot of things that changed the way lawyers work, what their jobs are, and how they perceive their profession. As a result, a new and powerful group of lawyers emerged whose actions had huge effects on the rest of the field, the legal system, the way businesses (both public and private) work, state policy, and the way the world is run.
After 24 years of military rule and the fear of hyperinflation, Brazil passed a new constitution in 1988. This constitution has since shaped policy
We look at important parts of the growth and development of the corporate legal sector in Brazil in this issue of The Practice. Our research is based on a major book called The Brazilian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and Its Impact on Lawyers and Society (Cambridge University Press, 2018). First, this lead story gives a general picture of how the corporate legal field has changed in Brazil and includes some of the most important results from the book. Building on The Practice's ongoing series on the role of foreign firms in rising economies, “Bridges to Brazil” describes the different types of foreign firms in Brazil and contrasts them with those in India and China. Third, through cutting edge research by Fabio de Sá e Silva and David M. Trubek, “Calling All Corporate Lawyers” gives us a new view on how corporate lawyers shape emerging countries. One of Brazil's best-known lawyers, Ary Oswaldo Mattos Filho, talks about the past, present, and future of the Brazilian legal field in "A Brief History of Brazil's Legal Profession."
Lawyers, Globalization, and New Economies
This study is part of a bigger project looking at how globalization affects the legal field. Other parts of the project include similar studies on India (Volume 4, Issue 2) and China (Volume 2, Issue 6), both of which were previously published in The Practice. The Harvard Law School Center on the Legal Profession started the Globalization, Lawyers, and Emerging Economies (GLEE) Project in 2010. It is a multinational, multidisciplinary effort to look into how globalization is changing the legal services market in India, Brazil, and China, which are all important emerging economies. GLEE looks at how these changes are affecting the political economy in these countries, their link to the global economy and global governance institutions, competition and engagement between the North and South, changing forms of collaboration between the South and North, and the growth of a market for corporate legal services that is becoming more globalized. At the moment, GLEE has more than 50 scholars from top universities in the US, China, India, Brazil, Singapore, and the UK working on original qualitative and quantitative research on how the markets for legal services are changing in India, Brazil, and China. These scholars come from a wide range of fields, such as law, sociology, economics, political science, anthropology, area studies, and international relations. This study was done in Brazil at the law school of the Fundação Getulio Vargas (FGV) in São Paulo. GLEE is aiming to grow to include Africa right now.
Brazil was slow to become industrialized
The first change in the country's economy happened when it got rid of Portuguese colonial rule (1822) and slaves (1888). This was due to the production of coffee. The export of coffee helped build up capital, which led to the rise of the urban bourgeoisie. At the federal level, the government focused on investing in heavy infrastructure, especially trains. There were stronger and more aware attempts to industrialize from the 1930s to the 1950s. After the 1929 stock market crash, Brazil did something that would become known as "import substitution." This meant both trade policies that were more protective and more economic involvement by the government. Import taxes were raised, the value of the local currency was lowered, and the government bought extra goods. This gave domestic capitalists more money to spend in industries. The government also played a bigger role in the economy. It did this by getting directly involved in basic industries like metalworking through the state-owned enterprise (SOE) Volta Redonda and oil production and processing through the SOE Petrobras. It also supported investment projects in heavy infrastructure through the national investment bank, BNDES. Between 1930 and the end of the 1980s, economic policies were mostly led by the government. They used "economic law" tools like SOEs, economic planning, price control, sectorial regulatory and administrative authorities, and tax and financial incentives to encourage growth, industrialization, and replacing imports. Brazil broke down some of these structures and policies and switched to more market-oriented methods from 1988 to 2004. After 24 years of military rule and the fear of hyperinflation, Brazil passed a new constitution in 1988. This constitution has since shaped policy. The Constitution of 1988 is a social-democratic document that spells out civil, political, and social rights as well as policy goals such as creating a free, fair, and united society; promoting national development; achieving technological independence; getting rid of poverty and exclusion; and lowering other forms of inequality. A lot of its parts have direct effects on how the government spends its money and makes decisions.
As soon as the new constitution went into effect in 1989
President Collor de Mello was chosen. Collor de Mello suddenly began a time of liberalization that included lowering tariffs by a lot, privatization, and failed attempts to control inflation. He did this by using the idea of "modernization" as an excuse. Itamar Franco was the vice president who took over for Collor de Mello after he was removed from office. He successfully put in place a plan to stabilize the economy called Plano Real and kept inflation in check. New laws were passed to help the poor get social aid and welfare. Fernando Henrique Cardoso, better known as FHC, was Franco's minister of finance and became president the next year. During Cardoso's eight years in office, Brazil continued to move away from the "developmentalist" era's dirigiste policies and toward many of the conservative ideas backed by the Washington Consensus.
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