Endividamento público e a neocolonialidade jurídica: estudo comparativo entre Brasil e Argentina à luz da instituição do Banco Central

Abstract

Public indebtedness in Brazil and Argentina is a phenomenon that has been observed since the colonial period. It is noteworthy that, from the analysis of the modus operandi assumed by public debt today, it is possible to characterize it as an instrument for maintaining colonial ties, in order to preserve structures of domination in the world system. In this sense, in the present research, through deductive analysis supported by the bibliographic method, it is verified how legal instruments have been used to legitimize and legalize the interests of international rentiers, and the way in which public indebtedness is being used as a justification for implementing structural adjustments in the Brazilian and Argentine economies. Furthermore, employing a critical reading under the postulates of Neocoloniality, the struggle for the preservation of the industrial-financial capitalist model is observed, as well as the new role played by public indebtedness, highlighting the correlation between the legal system and the geopolitics of power with neocolonial biases. With the aim of demonstrating this, basic postulates regarding the topic are preliminarily set forth, including the definition of the industrial capitalist system and its evolution into financial postulates. Likewise, the role of the state in the reproduction of capital, the position assumed by the public budget and public debt are delimited, in order to then unravel the active pole of the relations of domination observed in the International Order and identify the intricacies of Legal Neocoloniality. Subsequently, a historical overview of the debt process in Brazil and Argentina is carried out, in parallel with the identification of neoliberal reforms observed in both nations, with a focus on those implemented after the Washington Consensus (1989), bringing with them the pro-market legal mechanisms implemented during capital crises that sought legitimacy through the discourse of budgetary control for debt repayment. Finally, in order to clarify the empire of the financial market that has inserted itself in Brazil and Argentina, with its influences on the economy, politics, law, and society, the present work analyzes the process of creation and independence of the Central Bank of both countries. In this context, the institution is initially characterized, along with its formulation process and the achievement of its independence. Furthermore, it outlines how agents of the International Order interfered in the legal-institutional changes and encouraged the independence of the Central Bank of Brazil and Argentina, in order to ultimately point out the effects of neoliberal policies on the non-owning classes of the means of production. All of this leads to the conclusion that public debt can be considered one of the mechanisms for maintaining structures of domination and that the legal system assumes the function of institutionalizing the interests of international big capital.