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A NOVA ESCOLA DE CHICAGO E AS MODALIDADES DE REGULAÇÃO: Tendências do Law and Economics e aplicações para o direito brasileiro

Abstract

The Law and Economics is a doctrine originally from the United States, more specifically of the Chicago School, that nails the use of economical methods in the analysis of themes related to the social theory and, in the case in screen, to the right. Of the evolution of this doctrine it appeared in the end of the nineties a new thought school, that, without abandoning the basic methodologies of old school, it introduced a thought returned for: (1) the multiplicity of the regulations, (2) the importance of the intervention through the law and (3) the study of the social norms as central element of the analysis of the society. This new vision, that makes possible a less cold analysis of the social reality, seemingly is more appropriate to the Brazilian reality that the previous studies, wrought in doctrines purely liberal. To confirm this hypothesis we will study the application of the theory of the multiple regulations in two cases, one on the judicial information made available in the internet and another on the concession of incentives for the donors of blood. In both cases the New School of Chicago contributes to deepened analyses of the involved juridical subjects, bringing, in complement, a larger approach among the right, the market rules, the architectures and the society.

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