Mariana Mota Prado
Obstacles To Convergence In Administrative Law: Lessons And Questions From The Brazilian Experience
In the last decades, Italian Administrative Law has been going through significant changes related to a variety of topics such as the citizens’ protection vis-à-vis the public administration, and liberalization, privatization and regulation of public utilities. A great deal of these changes is part of larger transformations that are taking place in Europe, and most (if not all of them) have been spearheaded by the European Union. One aspect of this phenomenon seems to deserve special attention by comparative administrative law scholars. As Giacinto della Cananea has suggested, these changes recommend that a comparative legal analysis has to consider not only commonalities and differences among national legislation in European countries, but should also consider commonalities and differences between national and supranational legislation and principles. The purpose of this article is to discuss how comparativists could include this new dimension in their analyses by using a non-European country as a point of contrast. The country that will be analyzed here is Brazil, which has some similarities to Italy and other European countries.