Trust: uma visão de garantia no ordenamento político social jurídico e econômico nacional

• Ano de defesa: 2007
• Autor(a) principal: Fabris, Oswaldo Andre
• Orientador(a): Barbosa Filho, Marcelo Fortes
• Banca de defesa: Masso, Fabiano Dolenc Del , Calças, Manoel de Queiroz Pereira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso embargado
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Programa de Pós-Graduação: Direito Político e Econômico
• Departamento: Direito
• País: BR
• Palavras-chave em Português: trust
• Palavras-chave em Inglês: trust
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/23810

The social process finds itself by a hard economic policy management, in other word, macroeconomic, which follows the rules fixed by free capital ( neomonetarists ). We understand that it is not a regional estate or a single prerogative applied to certain countries. Nowadays, this concept that the power of the State manages its society is a general statement, however we may detach that this process has deeper consequences in developing countries. This circumstance which we have preferred to name along the text as neoliberalism, neomonetarism or neocapitalism, has its target in the money excessive exploration, willing to accumulate even more money. In this context, the production process which is responsible for job creations and, as a consequence, for wealth distribution in the national society, remains stagnant. Corroborating with the market stability, to avoid the neomoneatarists escape, the power of the State uses its forcibility for the conduction of the national macroeconomic policy. The tools for a long-living relationship with the neocapitalists (foreigners or residents) are the maintenance of high levels of interest rates at the money consumer market and the increment whose intention is to build laws to guarantee the monetary hegemony at the national economic order. The second extraordinary effect is denoted as the suppression of dignity of the human being, caused by the exploration of two weakened classes of members of the national society. The first of them are the old-aged retired people, and the other is the employees workers. Both of them possess two precious conditions that please to tears the neomonetarists . The first is the undeniable need that they have to borrow money to decrease their social cost deficit; and the second is the guaranty of the payment of the bond fore the financial and credit societies, because the deduct of the installments is made directly to the payers work bill. Finally, the third preoccupant effect, which is formed during this process, is about the abusive deportment, mostly illegal, of offshore companies established in tax heaven countries. Off course, the State power gets annoyed with this operations practiced by these companies in our (Brazilian) market, whereas without stealthy the federal receipt shows openly a 53 names list with the countries considered as tax heaven , which allow free taxes for offshore companies and completely ignore the source of the patrimony belonged to the companies that has established there. We made a synthesis in this work, by which we tried to enlighten the historic beginning of financial speculation in the world; the dynamics of foreign capital flow to Eastern Asia; the systemic economic crisis unleashed in Asian countries; the Brazilian way to inflation and foreign debt increase between the decades of 1980 and 1990; the many and insolvent financial plans of economic stabilization, and mostly the rendezvous with globalization and register laws for foreign capitals in our economic order. After all, the Anglo-Saxony Trust institute was compared to the Brazilian fiduciary juridical system purposing to demonstrate a new vision of guaranty in the national juridical, political and social-economical order, to try to stop the illegal procedures taken by offshore companies to which do not reach the effects of punishment.