Abstract
Is it possible to reconcile one of the institutional strategies to promote development, known in the literature as “the developmental state”, with contemporary democratic systems of government? If so, what are the challenges, trade-offs and potential gains that such an effort may entail? The vast literature on “the developmental state” claims that it is more likely to succeed under autocratic regimes. While a “democratic developmental state” seems possible in theory, there is very little empirical evidence to show how it would work in practice. This article tries to contribute to this debate by analyzing the case of Brazil, a country that transitioned from a military dictatorship to a democratic regime in the late 1980s, and has been moving towards increasing state interventionism since 2002. While the policies implemented by the “New Developmental State” in Brazil have been explored in the academic literature, their democratic dimensions remain unchartered. There has not been a detailed analysis about how the autocratic features that characterized the developmental states in Latin America from the 1950s to the end of the 1980s (i. e. political exclusion of the majority of groups, and control of economic policies by an elite) have played out in its renewed version. Understanding the interactions between the New Developmental State and the democratic system not only allows for a better understanding of the Brazilian case, but it also sheds light on one of the most important theoretical questions raised by the development literature: is a democratic developmental state possible? Based on the Brazilian case study, we argue that it is not hard to reconcile “the developmental state” with a thin conception of democracy, i. e. with free and fair elections. In contrast, the picture is more complex if the question is whether it is possible to reconcile developmental policies with a thicker conception of democracy that includes demands for transparency, protection of minority groups, a system of checks and balances, and due process. To develop this argument, this article is divided in three parts. In the first part, we provide an overview of the literature, outlining the concept of developmental state, and the tensions that the developmental state policies may create in a democratic setting. In the second part, we focus on the Brazilian case (the “new developmental state”), exploring how these tensions played out in three concrete settings: industrial policy, infrastructure sectors, and social policies. In the third part, we identify some of the research implications of the challenges identified in the Brazilian case, especially for future law and development scholarship.
Funding source: International Development Research Centre
Award Identifier / Grant number: 107647
Funding statement: International Development Research Centre (Grant/Award Number: “107647”).
Acknowledgments
Many thanks to David Trubek and the participants of the workshop on the Future of Law and Development held at the Faculty of Law, University of Toronto in May 2016 for comments and suggestions that helped us improved the paper. We are also very grateful to Carlos Herrera Vacaflor for valuable research assistance. All errors are our sole responsibility.
Note
This work was carried out with support from the International Research Centre, Canada.
©2016 Law and Development Review
Articles in the same Issue
- Frontmatter
- Introduction
- Law and Development: An Evolving Research Agenda
- Cross-Country Comparisons
- Nested Regulation in Law and Development: Identifying Sites of Indigenous Resistance and Reform
- The BRIC Nations and the Anatomy of Economic Development: The Core Tenets of Rule of Law
- Precariousness as Growth: Meritocracy, Human Capital Formation, and Workplace Regulation in Brazil, China and India
- Country Case Studies
- The Dilemmas of the Developmental State: Democracy and Economic Development in Brazil
- Rethinking Law and Development in Colombia: How a Dynamic Approach Could Overcome the Chasm Between Law and Ideas of Economic Development
- International Trade
- The Long and Winding Road – Path Towards Facilitation of Development in the WTO: Reflections on the Doha Round and Beyond
Articles in the same Issue
- Frontmatter
- Introduction
- Law and Development: An Evolving Research Agenda
- Cross-Country Comparisons
- Nested Regulation in Law and Development: Identifying Sites of Indigenous Resistance and Reform
- The BRIC Nations and the Anatomy of Economic Development: The Core Tenets of Rule of Law
- Precariousness as Growth: Meritocracy, Human Capital Formation, and Workplace Regulation in Brazil, China and India
- Country Case Studies
- The Dilemmas of the Developmental State: Democracy and Economic Development in Brazil
- Rethinking Law and Development in Colombia: How a Dynamic Approach Could Overcome the Chasm Between Law and Ideas of Economic Development
- International Trade
- The Long and Winding Road – Path Towards Facilitation of Development in the WTO: Reflections on the Doha Round and Beyond