Abstract

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.

This paper will be part of the TDM Special Issue on "The Future of Investment Law in Latin America". More information here www.transnational-dispute-management.com/news.asp?key=1842