Journal of International Law and Economic Globalization

The Brazilian Central Bank

2024-11-05T12:08:56-03:00

The Brazilian Central Bank, as a member of the normative subsystem of the Brazilian financial system, has the responsibility of executing monetary policy and, also, of acting as a supervisory entity of the institutions that operate under its regulation. This article aims to analyze this second field of action of the Brazilian Central Bank, in its activities of regulatory, supervisory and resolution authority of the Brazilian financial system. Through bibliographic and descriptive documentary research, the legal development of this system is analyzed since 1964, as the importance of the regulatory power exercised over financial institutions is studied.

Brazilian general data protection law and artificial intelligence

2024-12-08T12:15:10-03:00

This article analyses the relationship between the use of personal data and artificial intelligence (AI) technologies in certain countries relevant to the present study, highlighting their historical developments and regulatory challenges. The use of personal data initially focused on privacy and evolved into data protection, while AI, which emerged in the 20th century, gained commercial relevance in a broader manner as of the 1990s, requiring extensive data processing and generating both benefits and risks. In Brazil, the General Data Protection Law (LGPD) established a legal framework, but AI regulation remains under discussion, seeking to balance innovation with fundamental rights and legal certainty.

A systemic-pragmatic analysis of special taxation on sugar-sweetened beverages

2025-04-14T10:40:17-03:00

This paper proposes to analyze the extrafiscal nature of taxation on sugar-sweetened beverages, drawing a correlation with the Mexican experience of the Special Tax on Production and Services (IEPS), specifically focusing on the use of an ad rem rate and raising questions about the effectiveness of this measure in reducing consumption and potentially mitigating health-related harms. It highlights the complexity involved in addressing all the factors inherent to the issue. With the recent institutionalization of the Selective Tax in Brazil, which is still under development, the study adopts Niklas Luhmann’s systems theory framework to examine how taxation operates as a structural coupling between the political and economic systems, while also generating irritations within the legal system. The legal system, through hetero-referential observations, becomes cognitively open to receiving information from environmental systems—particularly health and scientific systems—and processes such communications using its own structures and programs, while maintaining operational closure by conditionally structuring recursive observations. The central focus of this study is to analyze how information from the scientific system—which itself processes information from the health system—can be processed by the political system in making collective decisions. These decisions may, in turn, alter the legal system so that, through its internal structures (norms), it may—by means of taxation—provide communicative outputs that influence price formation with the aim of reducing the demand for products that generate negative externalities, as is arguably the case with sugar-sweetened beverages.

Legal Perspectives in the Era of Artificial Intelligence:

2024-07-29T12:25:13-03:00

The article explores the concept and regulatory challenges associated with artificial intelligence (AI), highlighting its relevance in contemporary society. Additionally, it analyzes the implications of AI on the economy and the labor market, with particular emphasis on its impact on routine occupations. By examining regulation in the European Union, the text also addresses the ethical and geopolitical challenges that accompany the advancement of this technology. The normative evolution in the European Union, notably concerning civil liability, is discussed in detail. The Proposal for the Liability Directive is presented as an attempt to balance the protection of victims with support for companies developing AI technologies. The article delves into the discussion of civil liability in the era of AI, proposing an approach grounded in the theory of strict liability for risk. It is evident that the rise of artificial intelligence is examined as a challenge to traditional legal frameworks, demonstrating the pressing need for new normative criteria. Additionally, the proposal of a regime of strict liability, combined with mandatory insurance coverage, is presented as a flexible approach to compensate victims of damages caused by AI systems. Given the complexities and uncertainties surrounding the evolution of artificial intelligence, the article argues for the imperative revision of existing norms and the creation of legal frameworks better suited to this constantly changing reality.

The Accommodation of Islamic Finance in the Legislative and Regulatory System in the United Kingdom

2025-02-18T11:30:56-03:00

The article analyzes the process of accommodating and implementing Islamic finance in the United Kingdom, highlighting the government's pragmatic approach in formulating specific policies and regulations for this purpose. It explores how the United Kingdom has adapted its legal and financial structures to integrate Sharia principles into the financial system, aiming to attract Islamic investment and strengthen its global trading relationships. The text reflects on the lessons learned from this process and its implications for other countries interested in following a similar trajectory

Chinese and Brazilian Labor Legislation:

2025-05-15T17:23:39-03:00

The aim fo this reserach is to provide, in addition to the historical contexto of work and social security, the very concepto of what a work activity and social security are, and also to compare brazilian and chinese legislation in the aspect of employment contracts and social security in both societies, not only in the social sphere but also in the legal sphere, which has so many diferences due to the contexto in which their legislation on the subject was created, as well as the interference of innovations and challenges brought by artificial intelligence and data protection.

The choice of Foreign Law in Reinsurance Contracts considering Law nº. 15.040/2024

2025-06-02T08:18:20-03:00

This article briefly studies the development of reinsurance legislation, doctrine, judicial and administrative case law – in the latter case within the scope of the Superintendence of Private Insurance (SUSEP) and the National Council of Private Insurance (CNSP) – regarding the possible choice of foreign law to govern reinsurance contracts, concluding with an analysis of the topic considering the provisions of Law No. 15,040/2024 (known as the Legal Framework for Insurance), still in vacatio legis at the time of completion of this article.

The impact of the Emerging Global Climate Crisis on the use of Green Technologies in Internacional Trade

2025-06-02T15:39:05-03:00

This paper seeks to demonstrate, through the analysis of legal, political and environmental understandings, the importance of using green technologies in international trade, given the finiteness of natural inputs, and the adoption of favorable public, environmental, social and tax incentive policies for countries and companies that adopt sustainable solutions, such as the distribution of green seals and certifications. Qualitative methodology and the deductive method are used, with bibliographical, jurisprudential and normative analysis - national and international legislation - with the aim of demonstrating how technological advances affect the environment positively or negatively. After analyzing the peculiar challenges faced by the countries of the Global South in the transition to the Green Economy and Brazil's position on encouraging sustainability in international trade, it concludes that there is a need for harmonization between the private right to free trade and the public constitutional right to a healthy environment, with the adoption of sustainable measures and the implementation of public tax, environmental and social policies, which have the ability to reflect positively on the search for global economic and ecological balance, in order to avoid the irreversible collapse that could be caused by the emerging global climate crisis.

The conflict between the Montreal and Warsaw Conventions in relation to the Consumer Protection Code.

2025-06-06T06:56:45-03:00

This study analyzes the coexistence and conflict between the Consumer Protection Code (CDC) and the Montreal and Warsaw Conventions, which regulate civil liability in international air transport. On the one hand, the CDC ensures full compensation for damages to the consumer, while, on the contrary, international conventions establish limits on compensation for airlines. This article addresses the legal basis of the two norms, the impact of Brazilian jurisprudence – especially the thesis of Theme 210 of
the STF – and the criteria used to solve the normative antinomy. The amendment of Topic 210 in early 2024 and the subsequent decision of Topic 1240, which excludes the application of conventions in cases of non-pecuniary damages, reinforce the trend of mitigation of international treaties in favor of national consumer legislation. On the other hand, the recent Topic 1366 of the STF applies the prevalence of international conventions. The study defends the need to comply with the conventions, in respect of the principle of pacta sunt servanda, and highlights the impacts of legal uncertainty for the air transport sector in Brazil.

Economic Implications of Law Nº. 15.040/2024:

2025-06-11T09:46:09-03:00

Based on an analysis of the complex functioning of the insurance market and some tools directly related to financial aspects of this market (common fund, technical reserve, actuarial calculations and premium value), we sought to show that Law No. 15,040/2024 (the Legal Framework for Insurance) is likely to have economic consequences (in lato sensu, without assessing whether they will be positive or negative, nor quantifying them), as this is a heavily regulated market composed of numerous variables, and the new legislation will become a very important part of this set of variables, in addition to triggering a significant learning curve.

Democracy in Ruins:

2025-05-10T09:07:23-03:00

This article offers a philosophical and political reflection on the dismantling of contemporary democracy, analyzing the rise of authoritarian leadership, the crisis of critical thinking, and the erosion of the symbolic pact that once sustained a shared ethical horizon. Using an interdisciplinary approach, it explores how the logic of self-promotion, social resentment, and the dissolution of moral structures contribute to the normalization of political barbarism within formally democratic regimes.

The Impacts of Hyper-Consumption on Environmental Protection:

2025-08-22T12:04:20-03:00

This study seeks to investigate the impacts of hyperconsumption on environmental protection and human rights, addressing its historical development, as well as the legal, social, and economic challenges to its mitigation. It also explores the issue's challenges and perspectives through the analysis of practical cases, evaluating global prospects and challenges to achieve a balance between economic development and the protection of consumers and the environment.

The role of Non Governmental Organization (NGOs) in the enforcement of personality rigths

2025-09-04T17:27:28-03:00

The general objective of this research is to analyze the role of Non-Governmental Organizations (NGOs) in the effectiveness of personality rights, given that these are routinely violated. To do so, we start from the analysis of the functioning and management of NGOs and their role in a social context that began in the middle of the post-war period. To carry out this research, the deductive method was used, with the bibliographical research technique, carrying out a survey of theoretical concepts about personality rights adopted in our legal system so that, in the end, it is possible to conclude whether, and how, such entities do not Governments enforce personality rights.

Human Trafficking in the digital age

2025-05-17T09:52:21-03:00

The technological advances have impacted contemporary society in positive ways; however, they also bring harm, especially regarding the use of the internet and social networks. The disorderly growth of the virtual environment has facilitated the creation of new dynamics for human trafficking in its various spheres of exploitation, changing its modus operandi and making it difficult to classify and punish, due to the anonymous and borderless characteristics of the digital space. This study investigates whether current Brazilian legislation and international treaties ratified by Brazil are sufficient and adequate to combat human trafficking, given the growing presence of criminal networks in the virtual environment. For this purpose, the research adopts a qualitative, bibliographical approach to better understand the impact of social networks on the enticement of people and the challenges faced in their regulation. It is expected that the research will contribute to studies carried out on human trafficking and its relations with the digital world.

Confidentiality and Data Protection in the Arbitration of Digital Business Contracts

2025-11-04T12:55:35-03:00

In this brief work, we will analyze the evolution of digital commercial arbitration and the impacts of the General Data Protection Law (GDPL) on the confidentiality and validity of arbitral proceedings conducted in electronic environments. The study aims to understand how data protection and the duty of confidentiality align with the competence-competence principle, especially in light of “prima facie” illegality situations that limit the parties’ autonomy of will. The research demonstrates that compliance with the GDPL and the adoption of information security mechanisms have become essential requirements for the legitimacy, effectiveness, and accountability of digital arbitration, ensuring the protection of privacy and the preservation of trust in contemporary business relations.

Global Governance as a contribution of Integration Law

2025-10-31T12:09:17-03:00

This article will demonstrate that global governance is a contribution that comes from integration law because of its autonomy. To this end, using the historical-inductive method (through the technique of bibliographical revisiting), the article analyzed, in three separate chapters, the development and maturation of Integration Law as an autonomous branch of law from Bolivar to its current consolidation, and then addressed the birth, evolution and consolidation of the phenomenon of global governance of international relations up to the Law. Finally, having seen the shortcomings of international law and domestic law and, of course, the development of integration law itself, it was possible to prove from three practical examples from MERCOSUR, CAN and the EU that integration law is responsible for the normative consolidation of the phenomenon of global governance as a legal institute and not just as a power in international relations.

UN 80:

2025-11-04T13:01:59-03:00

At the United Nations’ 80th anniversary, diagnoses of an “implementation gap” between normative production and verifiable outcomes have intensified. This article examines the UN 80 initiative as a window of opportunity to rebalance governance, budgeting, and metrics across the UN’s three pillars—peace and security, development, and human rights—with a specific focus on the expected effects on the human rights pillar. The methodology combines documentary analysis of official UN sources (including the UN 80 institutional website and relevant General Assembly acts) with scholarly references in Human Rights and International Organizations within multilateralism. The paper argues that UN 80 can yield tangible gains if it anchors: (i) evidence-driven mandate reviews; (ii) programmatic-budgetary integration across pillars; (iii) predictable and stable financing for the human rights pillar; (iv) meaningful participation by historically marginalized groups; and (v) safeguards of non-regressivity and “do no harm”, including an extraterritorial due-diligence reading.

Power Relations:

2025-11-12T09:13:33-03:00

This paper aims to relate the types of power that influence social and legal relations, outlining an overview of the changes and evolution in the exercise of power over time. It presents a discussion on the exercise of power through the use of existing technologies for population control, highlighting the relevance and need to respect individual rights.