At A Seminar At The Bank, Experts From Brazil And The Us Defend Democracy And Socioeconomic Rights

The defense of democracy and socioeconomic rights was discussed at an international seminar promoted by the Center for Legal Studies of the BNDES on July 31st. At the event, Director Walter Baère (DIR6) emphasized that the Law plays a role in ensuring peaceful and democratic opportunities for countries.

“In a world with very messy geopolitics, it is crucial to defend our values of democracy, freedom, and respect for the sovereignty of the peoples. We need to cooperate internationally so that the law of the strongest against the weakest is not reinstated,” he said.

At the opening table, Justice Cláudio Luís Braga dell’Orto, director of the School of the Judges of the State of Rio de Janeiro (Emerj), emphasized the role of the BNDES as a driver of an economically viable and socially developed society. “There must be a social return in terms of quality of life and socio cultural conditions”.

Dell'Orto pointed out that democracy needs to be a reality shared by all people, not just a discourse. “Democracy is never ready and finished—it needs to be built every day.”

For Justice Marco Villas Boas, president of the Permanent College of Directors of State Schools of the Magistracy (Copedem), it is essential that the Judiciary “leave the courtrooms” to dialogue with other actors in the national development system and understand regional socioeconomic differences. He drew attention to the need for initiatives to educate the population about artificial intelligence and to preserve democracy.

Defense of rights – In a panel on the constitutional protection of social rights, Professor David Landau (Florida State University) detailed three ways to ensure their enforcement: individual, defensive, and structural. The individual route has limited effects and it leaves broader problems unresolved. The defensive approach, although it may have some macroeconomic effects, maintains the status quo. According to him, the structural approach has a higher cost, takes longer, and can cause a friction between the judicial and political powers, but it is the only one with the potential to bring about relevant bureaucratic changes.

Landau pointed out that many courts have not defended the continuity of socioeconomic rights in a clear and transparent manner. “Courts need to create more direct models to support rights. Social rights are not built immediately, but once this begins to happen, there can be no turning back without a very compelling justification,” he warned.

In a broad presentation on the Brazilian Constitution and the main political events since 1988, Professor Oscar Vilhena Vieira (Getúlio Vargas Foundation) recalled that two-thirds of the population of the world currently lives under authoritarian regimes or in deteriorating democracies, according to a report by the Institute for Democracy and Electoral Assistance.

“The fundamental concern is how democracy can resist the attacks it faces worldwide in the face of the rise of populists of different political hues”.

Heterodoxy – In the second panel, Professors Kevin Davis (New York University) and Mariana Pargendler (Harvard Law School) discussed paths and perspectives for legal heterodoxy. One possibility is that this approach will become more widespread in the Global South, predominantly in countries such as Brazil, India, and South Africa. A second alternative is its dissemination to countries in the North, such as Canada, New Zealand, and France.

Now, however, professors see a scenario of regression in heterodox approaches. “Private law in the Global South deserves more attention than it has received,” argued Davis, citing significant legal innovations and geopolitical concerns.

On August 6th, the Center for Legal Studies of the BNDES hosted the third edition of the Arbitration, Legal Security, and Economic Development event in the auditorium of the Bank.