Os desafios regulatórios da nova economia : da necessidade de criação e positivação de princípios norteadores próprios

Abstract

Regulatory law faces a challenge in regulating transactional activities generated by the new economy. The new technologies created and developed in the last decades of the 20th century have generated theoretical and practical difficulties for the regulatory State. The traditional way of thinking about regulation seems to no longer be sufficient for the elaboration of a set of effective regulatory standards to, at the same time, regulate the economic activities of the new economy and enable a favorable business environment for the creation, implementation and development of innovative businesses. having as a research problem the following question: How can Law efficiently regulate the new economy (with a focus on the digital economy) without discouraging socioeconomic development? The general objective of this thesis was to analyze the current Brazilian regulatory framework of the new economy and its limits for Brazilian socioeconomic development, especially in view of the regulatory challenge brought by the new economy, in its digital aspect, presenting a proposal for the positiveization of its own regulatory principles that allow the continuity of incremental improvements over time. The specific objectives were defined as: Detailing the methodology adopted; analysis of the current regulatory reality of business in the new economy; verifying the contribution of Institutional Theory to understanding the interactions of institutions in the regulatory field; verifying the need to create principles to guide the regulation of business in the new economy in order to allow the creation and maintenance of a regulatory system that guarantees the continuity of incremental improvements over time. The methodology used was both dissertation-descriptive and prescriptive. Thus, the current regulatory framework was analyzed, checking the points that hinder or impede the country's economic development in the new economy sector.