Dívidas soberanas e regimes jurídicos na sociedade mundial

Observações sociojurídicas sobre a judicialização dos fundos abutres

Abstract

This paper discusses the relationship between the judicialization of sovereign debts and the process of construction of an international legal regime for restructuring debts from a literature influenced by the sociological perspective of Social Systems Theory. The theoretical approach is justified in light of the legal communications produced in world society, identifying the structures and programs of the legal system that deal with the cognitive complexity inherent to the dispute of International Political Economy. The research is structured in a qualitative study, which analyzes different proposals related to the construction of a legal regime vis-à-vis court cases. Firstly, the paper discusses the concept of international legal regime as a constellation of administrative arrangements constructed and declared by states to coordinate their expectations and organize international behavior considering the fragmentation of global law. Next, the paper presents the study regarding thse procedures of developing a legal regime from sovereign debt disputes, focusing on proposals led by the International Monetary Fund and the United Nations. Finally, the paper reflects about the dynamics of International Political Economy and Law, identifying that these dynamics are open to contingency and marked by distinct specialized communications, which reinforces the prevalence of potential conflict between institutionalized rationalities in world society.