Os acordos de cooperação e facilitação de investimentos: análise quanto à potencial contribuição de tais instrumentos para a promoção do desenvolvimento nacional

Abstract

The objective of this study is to analyze the Cooperation and Facilitation Agreements (ACFIs) developed and signed by Brazil from 2015 onwards, with a view to the usefulness, even if potential, of such instruments with regard to the objectives assigned to them : legal security, attraction of investments and qualitative economic development. In this sense, the first part of the paper, composed of its two initial chapters, is dedicated to the presentation of the model established in the ACFIs, focusing on the analysis of the content of its clauses, including making inroads in the history of International Investment Law, in order to clarify how the model was arrived at. The second part of the paper, which is also divided into two chapters, deals with the implementation of what is foreseen in the agreements and which was the object of the first part, where the managing bodies of the agreement are analyzed, as well as the mechanisms of prevention and solution of controversies. This format of approach was conceived in function of the main objective of the study, that is, the analysis of the potential effectiveness of the ACFIs with regard to the promotion of the national economic development in the molds foreseen in the Federal Constitution, notably in Chapter I of its Title VII. The conclusion reached is that, although many of the provisions contained in the agreements are already met to some extent by domestic legislation, their existence is important for Brazilian investors with assets applied in the other Contracting States, many of which sometimes do not have an institutionally trusted business environment. In addition, it was also concluded by the insufficiency of the arbitration model adopted, exclusively interstate, since it compromises legal certainty, since the investor will always be dependent on the action of his State to be able to trigger the mechanisms of the agreement.