Regulatory Obsolescence: a study of the effects of technological evolution on the foundation of Brazilian regulatory frameworks

• Grant number: 24/16366-9
• Support Opportunities: Scholarships in Brazil - Doctorate
• Start date: March 01, 2025
• End date: June 30, 2028
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Daniel Wei Liang Wang
• Grantee: João Pedro Favaretto Salvador
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

The proposed research aims to contribute to a better understanding of the effects of technological change on the effectiveness of regulatory frameworks. It is based on the idea that when a regulation is designed to produce specific effects on social reality, it relies on assumptions about what is possible and impossible at that given moment. When new technologies are developed and disseminated, behaviors that were not anticipated by the regulator become possible, which can undermine the regulation's ability to achieve its intended goals. In a scenario of rapid technological change, this dynamic can result in an accumulation of ineffective regulations and, consequently, an overload of regulatory institutions' decision-making capacity. The intended contribution here is a theorization that describes this phenomenon, preliminarily named "regulatory obsolescence," and facilitates a research agenda on strategies to prolong the effectiveness of regulations in a constantly changing environment. To this end, the research will combine an in-depth literature review with an analysis of debates surrounding Brazilian legislative reforms motivated by technological changes. Through qualitative analysis of these debates, the project aims to present a description of regulatory obsolescence that has empirical support and can enrich the existing literature, helping to build more resilient regulatory frameworks.