Investimentos estrangeiros e suas restrições no Brasil

Abstract

Globalization is seen as the phenomenon of economic, social and cultural integration of space on a world scale, characterized by the intensification of flows in various areas, such as capital, people, goods and information, which was provided and made possible by scientific and technological advances in communication and transport. Historically, foreign investment has been welcome in Brazil and constitutes an important source of capital for the development of strategic sectors of the country's economy. As a general rule, foreign investment is not subject to governmental approval or authorization, and there are no requirements concerning minimum investments or local prior authorization regarding capital participation (except in very isolated cases, such as financial institutions, insurance companies, and other entities subject to the regulatory authority of the Central Bank of Brazil - BACEN). The participation of foreign capital is, however, limited or forbidden in a few areas of activities. This work deals with the legislative issues directly and indirectly related to the regulation of foreign capital. It discusses not only the provisions of our Federal Constitution, but also the other norms and laws that deal with the subject. The purpose of the work is to provide a brief and analytical overview of the main restrictions and prohibitions proposed in the regulatory apparatus. Although the regulatory regime is an indispensable component for the attraction or not of foreign direct investment, one must take into consideration that, although the imposition of regulatory restrictions may inhibit this type of investment