A NOVA DINÂMICA DO CAPITAL E OS REFLEXOS SISTÊMICOS DA DESREGULAMENTAÇÃO JURÍDICA DOS MERCADOS FINANCEIROS

Abstract

The new paradigm of the capitalism and the new configuration of production relations resize the economic phenomenum. Capital, society and work are currently considered reality transformers, restoring the ties and dictating rules and lifestyles. The new market and the dynamic imposed, brought with it the necessity of regulation and creation of instruments and operational methods to act in the context of financial volatility markets, using strategies concerning securities and estate securities. The new capital logic is highly speculative, centered in short term results, based on the volatility of the market and financial dealings. Remains the consideration that this new logic is not necessarily beneficial for everyone; in economic issues the underdeveloped and the internal disadvantaged communities are not able to hedge their own interests. The lack of regulation about capital flow transforms people and whole societies in hostages of this new order, where the deregulation, the unattainable requested capacitation demand growing resources, technology and information. The characteristics of the globalization and capital management in world scenario determine the structure of international balance of power. The economic influence system is determined by the new market context, through flexibilization and new financial and technological instruments. The new market and the dynamic imposed, brought with it the functioning of the governmental scheme, that has adopted the neoliberalist and decentralizer way as operational model. The new capital logic is highly speculative, centered in short term results and based on the volatility of the market, dealings and social life. The conception of economic stability imposes the necessity of a financial balance that harmonizes the relations through regulation consequent attitude. The matureness of the juridical institutes leads in account systemic and economic characteristics that create new sources of normative application and financial orientation. As main function of the State figure the legal and economic regulation and establishment of activities that guarantee the basic normalization of the markets, fundamentally in basic questions and regular operation, as and the case of the stability of the financial flows and the safety of the operational instruments.