The Journal DIREITO GV is generalist. It consists of unpublished papers, reviews and essays on various areas of the national, international and global law, as well as applied research papers and studies on the theory of law, sociology of law, philosophy of law and history of law.

The journal is open to a variety of theoretical and methodological approaches, including interdisciplinary texts and articles concerning the research area Law & Society and Law & Economics. Moreover, it contains papers on legal education and research.

The section of reviews and essays is targeted at drawing the readers’ attention to Brazilian and foreign books and journals and generate critical discussions. Besides this, it publishes relevant essays that contribute to the understanding of law. The reviews give priority to the works of academic interest to the detriment of publications for professional use. The essays are freely drafted and are selected for their relevance and unprecedented nature.

Its abbreviated title is Rev. DIREITO GV, which must be used in references, footnotes and bibliographic strips.
The Journal DIREITO GV is distributed by exchange and donations to a variety of Brazilian and foreign educational institutions. In addition, it can be found for sale in major bookstores of São Paulo. For further information, send an e-mail to

v. 5 n. 2 jul-dec 2009
Table of contents

Law after finacial crisis
José Eduardo Faria
Bruno Meyerhof Salama

Economic crisis and possible legal and social perspectives
Danilo Fontenele Sampaio Cunha

Financial crisis, state and legal regulation
Nildo Viana

Regulation and global order

The global financial crisis from the perspective of international tax competition
André Elali

Global contemporary challenges: convergences scenario in international Law
Ely Caetano Xavier Junior e Clarissa Brandão

Electronic contract as legal cibercommunication
Ricardo Menna Barreto

State, economic crisis and the world of work centrality
André Antonio A. de Medeiros


The interpretation according to the constitution and the manipulative sentences
Leo Brust

The government take in Brazilian oil industry under the view of the state
Fabricio do Rozario Valle Dantas Leite


The Index of Trust in the Brazilian Justice System – ICJBrasil — is a statistical summary of a qualitative nature carried out in seven Brazilian states based on a representative sample of the population. It is intended to monitor systematically the feeling of the population concerning the Brazilian justice system.

Portraying the trust of citizens in an institution means figuring out whether the citizens believe that this institution fulfills its function with quality in a cost-efficient fashion, and whether this institution is taken into account in the daily routine of ordinary citizens. Accordingly, the ICJBrasil comprises two sub-indexes: (i) a sub-index of perception, which measures the population’s opinion on the justice system and how it provides the public service; and (ii) a sub-index of behavior by which we seek to discover whether the population uses the justice system to solve certain disputes.

Coordinated by Prof. Luciana Gross Cunha, the ICJBrasil publishes the reports drawn up by FGV DIREITO SP on a quarterly basis.


Our collection of working papers includes texts to be discussed, since FGV DIREITO SP believes that public discussion of unfinished works, during the process of research and writing, helps to increase the quality of academic works.

The discussion at this stage creates the opportunity for criticism and change to the approach, besides allowing the incorporation of data and theories unknown to the author. Considering that research work increasingly needs to be collective, given the breadth of the literature, the proliferation of information sources and the complexity of the issues, the debate becomes a precondition for the quality of academic research.

The development and consolidation of a network of national and international partners is essential to avoid the repetition of formulas and limiting the research to only one set of theories and sources. The publication of these texts will facilitate public access to the work of FGV DIREITO SP and contribute to enlarge the network of interlocutors of our professors and researchers.

We invite all those interested to read the texts published here and send comments to the authors. Please be aware that, since these are unfinished texts, quoting them is not allowed, unless as expressly authorized by the author.

Anti-money laundering and governance in Latin America
Maíra Rocha Machado
Guillermo Jorge

The insurance function of contracts
Bruno Meyerhof Salama

Financial regulation and international criminal policy : the anti-money laundering system in Brazil and Argentina
aíra Rocha machado

What is law critique? : immanent critique, institutional nihilism and projects of juridification
José Rodrigo Rodriguez

Punitive damages in brazilian law and the boundaries between criminal and civil liabilities
Flávia Portella Püschel

Contingent Edis : a new contractual framework for minimizing the risk of incentive failures
Bruno Meyerhof Salama

Judicial administration in Brazil : courts caseload statistics
Luciana Gross Cunha

Patent bargains in NICs : the case of Brazil
Bruno Meyerhof Salama
Daniel Benoliel

The communicative function of civil liability : evidence from a case of impunity
Flávia Portella Püschel

Rule of law and development : the discourses on institutional reforms in the justice system
Luciana Gross Cunha

Winning at the WTO : the development of a trade policy community within Brazil
Barbara Rosenberg; Gregory  Shaffer; Michelle Ratton Sanchez Badin

Pre-emption and punishment in the risk society : a theoretical debate about innovations in the theory of punishment
Marta Rodriguez de Assis Machado

The WTO and THE OECD rules on export credits : a virtuous circle? : the example of the Embraer case and the 2007 civil aircraft understanding
Michelle Ratton Sanchez Badin

Critical legal thought : (1920-1940) : (the case of Brazil)
José Reinaldo de Lima Lopes
Paulo Macedo Garcia Neto

The global administrative law project : a review from Brazil
Michelle Ratton Sanchez Badin

Pharmaceutical patent bargains : the brazilian experience
Bruno Salama 
Daniel Benoliel

Towards an intellectual property bargaining theory : the post-WTO era
Bruno Salama
Daniel Benoliel

Islamic law and international law : the terms of a relationship
Salem Nasser

2nd stage of the research on "arbitration and the judiciary". Theme report : validity, efficiency and existence of the arbitration agreement
Daniela Gabbay
Giovanni Ettore Nanni

Rediscovering the developmental path? : development bank, law and innovation finance in the brazilian economy
Mario Gomes Schapiro

Corporate criminal liability in Brazil : the paradox of its interpretation by brazilian courts
Marta Rodriguez de Assis Machado

State ownership and corporate governance
Mariana Souza Pargendler


The Newsletter DIREITO GV aims to disseminate the activities linked to FGV DIREITO SP (carried out in the school or extramurally). Moreover, we intend to disclose events that are important for FGV DIREITO SP, such as institutional agreements, seminars, participation of professors and researchers in events, publicizing of FGV DIREITO SP in the media, dissertations and theses, and any other information that concerns our school.


Cadernos DIREITO GV consists of research reports, transcripts of seminars and working papers. It is intended to disseminate the studies produced in FGV DIREITO SP and publish articles by invited professors and researchers. Download the full text of all issues of Cadernos DIREITO GV.

Michelle Ratton Sanchez Badin; Guido Fernando Silva Soares; Maria Lúcia Pádua Lima; Maria Carolina Mendonça de Barros; Sérgio Goldbaum; Elaini Silva
Marta Rodriguez de Assis Machado; Ana Carolina Alfinito Vieira; Carolina Cutrupi Ferreira; Vivian Cristina Schorscher

Viviane Muller Prado


Escolas FGV

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