Detalhes bibliográficos
| Ano de defesa: |
2016 |
| Autor(a) principal: |
Marques, Leonardo Albuquerque
 |
| Orientador(a): |
Campilongo, Celso Fernandes |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
|
| País: |
BR
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/7061
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Resumo: |
This study investigates the limits of the possibilities of an efficient design for legal institutions, focusing its analysis on the structure of pilotage services market. It is carried out a critique over the neoclassical concept of efficiency, which, from a historical perspective, is not a concept a priori. From approach adopted in this study, the traditional concept of static efficiency (in its allocative and productive dimensions) is a cultural construction, subject to biases, judgments and perspectivisms, and is therefore susceptible to a great variety of criticisms, where the state has a naturally limited role in solving social conflicts that arise through time. This being said, it is argued that the study of efficiency must focus on the structure of institutions (legal or not), to allow a reduction of transaction costs and the possibility of the various stakeholders in interaction situations through transactions (on the market or outside it) to have the opportunity to develop standards of conduct for themselves through trial, error and learning. And this trial, error and learning, in order to spread its improving prospects to the maximum, must lead to the maximization of communication exchanges possibilities and to allow variation and selection of new ideas. That is, it is argued that law should aspire to maximize the possibilities of institutional adaptation through trial, error and learning by expanding communication exchanges. With these assumptions, we try to study the structure of pilotage services market, pointing out the errors of a cycle of public hearings conducted by CNAP (object chosen for case study). In this regard, it is understood that there is an ideological lock-in problem that prevents the upcoming of a sustainable cycle of creative destruction under the pilotage services, which inhibits the improvement of available technologies and institutions. From the development done in the theoretical exposition of this thesis, some proposals for the structure of pilotage services that facilitate this adaptive efficiency are presented, not only for the stakeholders directly related to the market (service providers and buyers) as well as for others who may be affected by negative externalities provided by the risk of the activity |
