As premissas da Escola de Chicago na jurisprudência brasileira: a não-intervenção no mercado no banco dos tribunais

Autores

  • Átila de Alencar Araripe Magalhães Universidade de Fortaleza
  • Arno Dal Ri Júnior Universidade Federal de Santa Catarina

Resumo

RESUMO: o artigo que se segue busca analisar o modo como foram utilizadas as premissas da “Escola de Chicago” em matéria de tutela jurídica do mercado em julgados proferidos pelos tribunais brasileiros nos últimos anos. A primeira parte do trabalho comporta uma análise dos principais pressupostos dessa escola, do ponto de vista doutrinário, para posteriormente verificar dentro de quais parâmetros acontece a aplicação destes mesmos pressupostos na referida jurisprudência. A metodologia empregada foi a qualitativa mesclada com estudo de caso, isso visando explicar se a utilização dessas premissas tem contribuído para decisões mais justas, sob o ponto de vista da equidade, ao mesmo tempo em que se procura explicar como os tribunais brasileiros aplicaram e ainda vêm aplicando os ensinamentos da referida Escola em seus julgados.

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Biografia do Autor

Átila de Alencar Araripe Magalhães, Universidade de Fortaleza

Pós-doutorando em Direito pela Universidade Federal de Santa Catarina. Doutor em Direito Constitucional pela Universidade de Fortaleza. Mestre em Administração de Empresas pela Universidade de Fortaleza. Especialista em Direito e Processo Tributários pela Universidade de Fortaleza e especialista em Direito Empresarial pela Universidade Estadual do Ceará. Professor da Universidade de Fortaleza. Advogado. E-mail: atila@leiteararipe.adv.br.

Arno Dal Ri Júnior, Universidade Federal de Santa Catarina

Doutor em Direito pela Università Luigi Bocconi de Milão, com pós-doutorado na Université Paris I (Panthéon-Sorbonne). Mestre em Direito e Política da União Europeia pela Università degli studi di Padova. Professor de Teoria e História do Direito Internacional na Universidade Federal de Santa Catarina. E-mail: arnodalri@gmail.com.

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Publicado

2022-04-17

Edição

v. 14 n. 1, Jan/Jun (2020)

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Artigos

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