Direito ao desenvolvimento e o comércio internacional

Abstract

The recent World Trade Organization decision considering the Brazilian Inovar-auto project illegal, based on the allegation that the national government has created a subsidy to foment the auto industry, worries the analyst of International Law. In this sense, the present work proposes a theoretical clash between the Right to Development, conceived in the United Nations, and the normative framework that underlies the decisions of the WTO Dispute Settlement Body. The basic argument is that the dispute settlement system should take into account on its decisions the social, labor, economic and environmental aspects of the United Nations normative. On that subject, this paper is structured in four chapters: the first one analyzes the economic model proposed by the Economic Commission for Latin America and the Caribbean (ECLAC) and the history of international economic relations over the last decades. In the second chapter, the fundamentals of the Right to Development are discussed. In the third chapter, the formation of the World Trade Organization and seven controversial cases are studied. In the fourth chapter, possible solutions to the perceived dead-lock are presented. To prove the point, throughout the work an invitation is made for an incursion into the foundations of sustainable development, socio-labor responsibility and economic development - not just economic growth. Such analysis do not exhaust the object of this study; It is plausible to demonstrate that such issues, if addressed at the WTO, would fray environmental and labor dumping, which are violations of fundamental human rights and cause distortions to international trade, undermining the quality of life of the world's population. After posing the hypothesis of an apparent antinomy between the WTO agreements and the human rights frameworks established in international law, the paper points that there is a violation of fundamental human rights in WTO decisions that condemn countries for promoting industrial incentive programs as they do not consider the prevalence of the right to development. The concern and relevance of the theme will be approached from critical historicism and using dialogue, when appropriate, between Economics and Law.