Legal institutionalism and modern slavery in Brazil
DOI:
https://doi.org/10.46901/revistadadpu.i09.p%25pKeywords:
Modern slavery. Law and Development. Legal institutionalism. Institutions.Abstract
This article aims to demonstrate the need for institutionalization of modern slavery concept under the evolution of institutionalist theories. Therefore, it will be proposed the application of an institutionalist theory to combat forced labor based on the school of Law and Development, by Trubek and Tamanaha, and the evolution of the theories of economic institutionalism, beginning with Veblen and Commons, moving to Douglass North’s neoliberal approach of the neoinstitutionalism and currently finding support in institutional political economy, found in Ha-Joon Chang, Peter Evans and Geoffrey Hogdson. It is intended to present the theory of legal institutionalism, analyzing the state’s role in the evolution of the legal system as well as the constitutive role of law in economic and social life, rescuing as first theories of legal institutionalism of Hauriou and Romano Santi and introducing a new Proposal legal institutionalism developed by Hodgson, Deakins and Katharina Pistor, with the objective of proposing a possible application of the theory in facing modern slavery.
Downloads
Published
How to Cite
Issue
Section
License
A. Authors retain the copyright and grant the journal the right of first publication;
B. Authors are authorized to take additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (e.g.: publishing in an institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal;
C. Authors are allowed and encouraged to publish and distribute their work online (e.g.: in institutional repositories or on their personal page) at any point before or during the editorial process, since this can generate productive changes, as well as increase the impact and citation of the published work.
.jpg)
