Acordo TRIMS: flexibilização ou não? Política de conteúdo local, processo produtivo básico (PPB) e os desafios para a indústria brasileira e a integração latino-americana

The local content policies of the Brazilian government have been challenged before the WTO. At the same time, Brazil has traditionally defended in the context of negotiations that rules, in particular, those relating to the TRIMS Agreements, should become more exible. It is argued that these measure...

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Bibliographic Details
Published in:Revista de Direito Internacional 2016-01, Vol.13 (1)
Main Author: Figueiredo, Natália
Format: Article
Language:eng ; por ; spa
Subjects:
Government
International trade
Negotiations
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Summary:The local content policies of the Brazilian government have been challenged before the WTO. At the same time, Brazil has traditionally defended in the context of negotiations that rules, in particular, those relating to the TRIMS Agreements, should become more exible. It is argued that these measures are fundamental to the promotion of development strategies. This paper will discuss to which extent there is a convergence between the Brazilian discourse in the International arena and the effects of certain local content policies adopted by Brazil. More specically, two cases relating to the basic production process (PPB) policy used by the federal government to promote the development of the Amazonian region will be analyzed. Despite the objectives intended by the PPB policy, it is possible to nd certain programs that seem to have privileged certain economic players rather than enabled the development of Amazonia. Local content measures adopted by Brazil must, above all, be supported by the constitutional objectives relating to the promotion of a balanced development and reduction of regional disparities. To this effect, and considering the limits imposed by WTO rules, this paper calls the attention to the opportunity of implementing local content measures that are inserted in the context of a project for regional development, especially one involving stronger integration of Latin--American countries. If they are linked to an objective of regional development and are implemented within adequate parameters, local content measures would not only abide by the rules of the Federal Constitution, but would also be less exposed to challenges in the WTO.
ISSN:2236-997X
2237-1036