Indirect Expropriations in International Investment Law and in Brazil: A Cross-Regime Approach
Article from: TDM 4 (2022), in Latin America
Brazilian law does not present any provision forbidding indirect expropriation. However, the Brazilian Federal Constitution offers property rights a high degree of protection. Scholars point out that indirect expropriation should, then, be considered unconstitutional. There is, however, no parameter available for practitioners to determine that a certain regulation had expropriatory effect. This paper proposes that parameters currently used in international investment law might be used by Brazilian courts.