Regulamento europeu para produtos livres de desmatamentocombate ao desmatamento ou regulação extraterritorial e sua aplicação à soja brasileira

Resumo

By analyzing a concrete regulatory option, the European Union Deforestation Regulation (EUDR), and its effects on global commodity chains through the lens of institutional design and incentives, this dissertation aligns directly with the research line on Economy, Intervention, and Regulatory Strategies. The research applies an economic perspective to analyze incentive systems, the distribution of regulatory burdens, and the impacts of normative choices on market reconfiguration, bargaining processes, and compliance costs. This approach is articulated with the axis of sustainability as a legal and corporate value, exploring the intersections between environmental regulation, trade policy within the WTO framework, and sectoral public policies. The approach prioritizes alternatives to unilateral regulation, anchored in transnational governance and regulatory experimentalism, consistent with the research line’s focus on adaptive solutions and coordination between regulatory entities and private actors in innovative environments. The research problem consists of examining if and to what extent the EUDR, as a unilateral and extraterritorial regulation, is proportional, effective, and legally compatible with the international trade regime and principles of environmental justice, considering its economic and institutional impacts on developing countries. The theoretical framework is grounded in the principles of International Environmental Law, particularly the Principle of Common But Differentiated Responsibilities (CBDR) and Law and Economics (L&E) to evaluate the distribution of regulatory burdens, incentives, and potential externalities, while also engaging with the literature on transnational governance and regulatory experimentalism. The methodology adopts a theoretical-empirical approach, combining a normative and critical analysis of the EUDR with market evidence (from AGROSTAT and the Agricultural Information Portal) concerning commodity chains—focusing on soy, to assess effects on market reconfiguration, bargaining power, and the availability of already deforested land. This is complemented by a legal compatibility test against CBDR and WTO rules. The results demonstrate a reconfiguration of the global soy market, with a decline in the European Union's bargaining power, and call into question the proportionality of applying the EUDR to Brazilian soy given the availability of already deforested land. The study characterizes the EUDR as an expression of extraterritorial regulation and expanded jurisdiction, outlining its legalcommercial limits and potential risks of trade conflicts and government failures, topics central to this research line, as they highlight considerations of regulatory design, compliance costs, competitive effects, and the need for interdisciplinary coordination.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/38145

Temas

Políticas PúblicasGovernançaMeio Ambiente

Palavras-chave

Regulação externaREUDDesmatamentoAnálise econômica do direitoRegulação ambientalPrincípio das Responsabilidades Comuns Mas Diferenciadas (RCMD)SojaGovernança transnacional experimentalistaJurisdição ilimitadaFalhas de governoExternal regulationEUDRDeforestationEconomic analysis of lawEnvironmental regulationPrinciple of Common But Differentiated Responsibilities (CBDR)SoybeanExperimentalist transnational governanceJurisdiction unboundGovernment failuresDireitoDireito ambientalResponsabilidade (Direito)Desenvolvimento sustentável