As a result of the State financing crisis and redemocratization process in the 1980s, the Brazilian historical interventionist model, strongly based on the direct State intervention in the economy, gave room to a moderate model where public authorities act mainly by means of indirect intervention in markets, through normalization, foment and control.
These changes strongly affect the law, which must be adapted, on one hand, to equip the State with institutions and required mechanisms to make this new model feasible, and, on the other hand, establish their limits.
Regulation is the product of this new legal reality and it is not limited to a specific field of legal knowledge. In fact, it operates in an evolutionary movement that reaches different areas, like legal protection of sustainable environment, free initiative and other rights, access to new technologies, models of administrative governance, entrepreneurial activity, economic impacts and institutional aspects involving political and legal models, jurisdictional organization and performance and interpretation of norms that conform or affect the regulatory model.
This master’s degree is turned to the analysis and improvement of the actions of this new Brazilian State in these different areas. The program innovates in teaching method, adopting sophisticated theoretical instruments and the examination of successful regulatory experiences in Brazil and abroad. It develops and adapts them in order to encourage the analytical, critical and propositional reasoning focused on the identification, prevention and solution of problems in the area from interdisciplinary and multidisciplinary perspective.
Adopted methodologies prioritize the student’s participation and the development of conceptual rigor and critical capacity.
• FGV´s institutional tradition
• Innovation in teaching
• The only master’s degree in Regulatory Law in the country
• Inter and multidisciplinary approach
• Renowned faculty
• Advanced research projects
• Current subjects and themes
• Modern infrastructure
• Judicious selection
• Student exchange program
The master’s degree program develops actions to approximate important foreign institutions acknowledged for the quality of their production on central themes for an in-depth understanding and criticism of regulation, aiming at establishing constant flow of students and professors involving the program and its partners abroad, and also the development of research projects, events and joint production by students and professors.
Non remunerated research periods can be made in several institutional partners acknowledged as reference in production of knowledge on regulatory phenomenon, like, for example, the European University Institute, in Florence, which counts on an outstanding Regulation Center; the Institute for Law and Finance, in Frankfurt, main European reference in development of research on financial regulation; the Portuguese Catholic University and Université Dauphine, in Paris, both with bold and innovative projects in teaching and research areas, with special highlight to Public Law and financial regulations.
LINES OF RESEARCH
LINE I – REGULATORY GOVERNANCE, INSTITUTIONS AND JUSTICE
This line gathers researches intended to understand, analyze, diagnose and indicate solutions for issues associated to structural aspects of the State and its regulatory bias. The focus of these analyses is on its role in economic area and the rendering of public services, its constitutional vocations, the complexity of social relations and impacts resulting from the change in State governance, from a hierarchical type to a polycentric model, its democratic credentials, constitutional limits and programs that condition its actions, epistemic limits that affect regulatory choices and their control, its decision making process in all dimensions, including sanctioning dimension, and its role in the achievement of relevant economic, political and social objectives. In addition to seeking to evidence the grounds, attributions, characteristics and role of the State, the line also turns to the study of Regulatory Agencies, institutions, public or private, nationally and internationally, that exercise regulatory functions or affect regulatory options, and other institutions that interact with regulatory agents in specific institutional arrangements, particularly those that control regulatory agencies, like Court of Auditors and bodies of the Judiciary, in order to learn their institutional configuration, the institutional design where they operate and their decision making process. The line is basically intended to develop, both separately and in an articulate manner, knowledge related to the three pillars of what was formerly called “the new administrative State”: Constitution, democracy and knowledge, covering political, legal-dogmatic and Law theory matters behind the dynamics of conformation, action and decision of regulatory entities and other institutions that interact with them, thus ensuring broader and deeper analyses and diagnoses of the challenges faced by the State and entities that exercise regulatory functions.
This line covers the following ongoing projects with their respective purposes:
• Regulatory State: Structure and Functions – This project’s objective is to investigate the fundaments of regulation, historical processes of consolidation of the regulatory State, its institutional conformation, and the administration’s constitutional vocations associated to the performance of regulatory roles, like rendering of public services, sanctioning activities, and their impacts on incentives of public and private players that operate in the economy, treatment of market failures and natural monopolies, administration of risks in a complex society, governance and definition of good regulatory practices. This project is chiefly intended to learn and propose changes in gears that structure the Regulatory State, governance mechanisms and incentive systems created by sanction strategies (administrative and penal) destined to the efficient achievement of relevant economic and social objectives.
• Institutional interactions and regulatory decision making process - The objective of this project is to produce theoretical and empirical knowledge on the structure and decision making process of institutions considered separately and in their interactions with other institutions with regulatory functions or control of regulatory decisions. These analyses may occur in local, international or multilevel perspective. Moreover, in this line, researches are developed destined to identify, explain and analyze variables that affect regulatory institutions’ performance, their decision process and decision making of control bodies with regulatory options. Moreover, this line is intended to develop studies on themes like epistemic limitations and capacities of decision makers, mechanisms for measurement of quality and assessment of regulatory choices, influences of the structural indetermination of the legal system in regulation, democratic legitimacy of decisions in the Regulatory State, uncertainties associated to consequentialist reasoning, strategic behavior and political aspects of regulatory decision, control of regulatory decisions and normative limits and incentives to the design and functioning of regulation structures. The present project is essentially interdisciplinary as it aims at investigating problems and proposing solutions for regulatory challenges based on elements of the Theory of Law (like for example, exploration of problems associated to normative structures and theories that justify decisions) and institutional analyses. This structuring project does not neglect an important assumption for institutional comparative analyses, considered fundamental for debates on the legitimacy of regulatory choices and the intensity of control (chiefly legal) of regulatory options: knowledge of institutional capacities not only of regulatory entities, but also of other institutions that may interact with them in spaces where competences are not defined, particularly controlling entities (like Courts of Auditors) and institutions of the legal system.
LINE II – ECONOMY, INTERVENTION AND REGULATORY STRATEGIES
The second line aims at developing research focused on the content of regulatory options and turned to both the knowledge of the dynamics of regulated sectors or that demand regulations and the proposition of answers, legal or not, for market problems or coordination between regulatory entities and private players. For such, the line favors, beyond conventional legal answers to deal with regulatory challenges, (i) new perspectives to think of solutions to regulatory problems, like the role played by taxation on regulated agents’ behavior, and (ii) an economic look to the understanding and appropriate guidance of incentive systems generated by regulatory options and for analysis of the effects of regulatory choices. Since many of these choices are concretized by means of public policies, the line is also turned to the exploration of contact points among different policies (like for example competition defense policy, consumer defense policies, industrial policy, commercial defense policy and intellectual property rights’ protection policy) and the achievement of relevant constitutional objectives affecting regulatory options. Differently from more conventional visions, the present research line is not limited to analyzing the regulatory phenomenon from the state perspective, but it also covers the knowledge of regulated scenarios or that deserve regulation where private players (companies and consumers, for instance) act and make decisions. Thus, the line covers research on consumers’ profile and behavior and the effects of regulatory alternatives for them, in addition to studies on the function and nature of companies, their role in markets and relations between regulation and competition.
This line counts on the following ongoing projects and their respective purposes:
• Public policies and regulatory alternatives – The present Project includes researches turned to the exploration of points of contact, challenges and conflicts involving processes for creation, implementation and assessment of different public policies and the achievement of legal, social and economic objectives, like competition defense, consumer protection, technological advance, innovation and development. The line is also intended to produce knowledge on the use of different mechanisms as sources of incentive to meet regulatory needs of public authorities, like taxation, and to foment the accountability and efficiency of regulatory policies. In this regard, the line also comprises research destined to identify and understand the challenges associated to the adoption of conventional or less divulged strategies like self-regulation and meta-regulation, by government or corporate segments, in general, and in regulated sectors, to deal with market failures and to achieve regulatory objectives.
• Regulation, Economy and Market – This project aims at exploring the different interactions between legal and economic systems for the understanding, criticism and guidance of regulatory choices and structures. It also aims at investigating the influence of economic agents’ behavior and macro and micro-economic factors in the organization, development and decision making in the legal field. Finally, the project is intended to develop analyses and discussions on the effects of normative alternatives on the individual behavior, the organization of the economic system, the corporate environment and market operation. Examples of these interactions can be observed by the adoption of economic analysis of law and perspectives like those offered by behavioral economics and the new institutional economics for appropriate regulation of property rights, preparation of contracts, financial market and credit market regulation, knowledge of consumers’ behavior, analysis of corporate organization and regulatory and financial restructuring of companies. Some of these themes, though with relevant repercussion in economy, are still little studied in the law field, which places most studies in this line distant from more traditional analyses of the interactions between regulation and economy.
• Sectorial regulation and sustainability – This project aims at producing knowledge on governance, its implementation, performance, and current and desirable levels; definition and application of quality parameters and the need and impacts produced by specific regulation models on segments like transport, environment, energy, infrastructure, sanitation, oil and gas, intellectual property, internet, health and telecommunications. In this project, the focus is particularly on structures, relevance and impacts of regulatory options on specific sectors, always taking as reference the peculiarities of each sector and legal objectives - mainly constitutional - that should shape regulation. The line aims at proposing solutions to maximize the efficiency of economic and legal instruments to promote sustainability and for due protection of social, environmental and economic constitutional rights already regulated or that demand regulatory actions.
SELECTION PROCESS 2020
• 07/10 to 10/01/2019 – Applications and documentation upload
• 07/10 to 10/01/2019 – Requests for scholarship and documentation upload
• 10/18/2019 – 1st phase – English writing test (9am to 12pm)
• 10/30/2019 – 1st phase results
• 11/08/2019 – 2nd phase – Specific knowledge writing test (9am to 1pm)
• 11/22/2019 – 2nd phase results and indication of times for interviews
• 11/25 to 29/2019 – 3rd phase - Interviews
• 12/17/2019 – Final results
• 02/05/2020 – Results of scholarship requests
• 01/06 to 02/07/2020 – Enrollment schedule
• 02/10 to 13/2020 – Enrollment and registration for subjects
• 03/09/2020 – Beginning of classes
For further information, access the public notice (only portuguese).
Time of classes: mornings and/or afternoons
Days of the week: from Monday to Friday
Annual selection: 25 students
Contact: (55 21) 3799-6199 or email@example.com
Opening hours: Monday to Friday, from 9am to 6pm
During the selection process, the coordination of the Master’s Degree in Regulatory Law promotes the course presentation lecture. It is an informative session, where applicants interested in the program will have the opportunity to get to know professors, research lines, developed projects, in addition to obtaining more detailed information on the program. Date to be informed.
The meeting will be conducted by FGV Direito Rio Master’s Degree coordinator, professor Fernando Leal, who will address the following themes: course structure, scholarships, teaching methodology, research lines, developed projects, and phases of selection process, international opportunities and main guidelines of the course regulation.
One lump sum: R$ 71.400,00 (seventy one thousand and four hundred reais)
Tuition: 24 installments of R$ 3.710,00 (three thousand, seven hundred and ten reais)
SCHOLARSHIPS AND RESEARCH
The Master’s Degree in Regulatory Law offers different possibilities of scholarship for students that intend to dedicate themselves to research exclusively. Currently, the students of the master’s degree program can receive scholarships from public foment institutions (PROSUP-CAPES) and from FGV Direito Rio. Scholarship holders can also participate in research projects linked to FGV Direito Rio´s centers. The number of available scholarships is annually informed in selection process notices.
• Antônio Maristrello Porto – Doctor in Law, University of Illinois College of Law at Urbana-Champaign.
• Armando Castelar Pinheiro – Doctor in Economics, University of California.
• Carlos Ragazzo – Post-doctor, University of California at Berkeley. Doctor in Law, Rio de Janeiro State University.
• Eduardo Jordão – Doctor in Public Law, Universities of Paris (Panthéon-Sorbonne) and Rome (Sapienza), under joint supervision.
• Fernando Leal – Doctor in Law, Christian-Albrechts-Universität zu Kiel. Doctor in Public Law, Rio de Janeiro State University (UERJ).
• Floriano Azevedo Marques – Doctor and Associate Professor of Public Law at São Paulo University (USP).
• Ivar Alberto Martins Hartmann – Doctor in Public Law, UERJ.
• Joaquim Falcão – Doctor in Education, Université de Génève.
• Leandro Molhano – Doctor in Political Sciences, Rio de Janeiro University Institute of Research.
• Natasha Salinas – Doctorate and Master’s degree in Law, USP.
• Patrícia Regina Pinheiro Sampaio – Doctorate and Master’s degree in Law, São Paulo University (USP).
• Paula Wojcikiewicz Almeida – Doctor in Law, Université Paris 1 Panthéon-Sorbonne and Doctor in Law, UERJ.
• Rômulo Sampaio – Doctor in Environmental Law, Pace University’s School of Law.
• Sérgio Guerra – Post-doctor, Yale Law School. Doctor in Law, Gama Filho University.
• Thiago Bottino – Post-doctor, Columbia Law School. Doctor in Constitutional Law, Pontifical Catholic University of Rio de Janeiro.
Stricto Sensu Post-Graduation Academic Coordinator
Doctor in Law at Christian-Albrechts-Universität zu Kiel, with scholarship from the German Academic Exchange Service (DAAD). Doctorate and master’s degree in Public Law at UERJ. Stricto Sensu Post-Graduation Academic Coordinator and member of the permanent staff of Master’s Degree in Regulatory Law at FGV Direito Rio. Undergraduate program Professor at FGV Direito Rio. Develops research in Theory of Law and Philosophy and Constitutional Law, particularly on themes: Law methodology, theory of principles, theory of Constitution and constitutional interpretation, principles of public administration, institutional design, relations between Law and science and constitutional and theoretical aspects of regulation.
Executive Coordinator – FGV Law Program
Master’s Degree in Business Management at FGV. Post-MBA in Negotiation and MBA in Business Administration at FGV. Executive coordinator at FGV Law Program.
• Theory of Regulatory State - 45h (3 credits)
• Methodology of Research in Law - 45h (3 credits)
* Optional subjects will be subject to availability of the program’s professors and their offer will be informed at each semester. In addition to these, other subjects can be offered.
• Normative Production of Regulatory Bodies;
• Regulation of Sectorial Contracts in the Brazilian Electric Industry;
• Regulation of Powers: Favors, Decisions and Adaptations;
• Regulatory Alternatives;
• Economic Analysis of Law;
• Consequentialism, Uncertainty and Regulatory Choices;
• Constitutionalism of Reality: Law and Institutions in Brazil after the Political Crisis;
• Dimensions of the Rule of Law and Principles of Public Administration;
• Dynamics of Administrative Regulation;
• Law and Economics of Regulation: Applications to Transport and Finance;
• Law and Economics of Regulation: the Railway Sector;
• State and Market – State Regulation of Essential Activities;
• International Environmental Governance;
• Interactions of the State Intervention Policies;
• Penal Reflexes of Economic Regulation;
• Environmental Regulation;
• Regulation of Brazilian Biodiversity;
• Regulation of New Technologies;
• Regulation and Concessions in Infrastructure;
• International Regulation;
• Separation of Powers: Law, Politics and Institutional Design;
• Public Services and their Regulation;
• Theory of Regulation; and
• Taxation and Regulation of Economic Activities.
FGV´s Rio de Janeiro Law School
Praia de Botafogo, 190, 13º andar – Botafogo
22250-900 – Rio de Janeiro – RJ
Working hours: Monday to Friday, from 9am to 6pm
Master’s Degree Coordination Assistants
Phone: +55 21 3799-6199