Business Ethics & Corporate Crime Research Universidade de São Paulo
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Marco Aurélio Braga

Marco Aurélio Braga

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PhD (2018) and Masters (2013) in Economic Law at the Law School of the University of São Paulo (FD-USP. Bachelor of Laws (2006) from Law School of the University of São Paulo (FD-USP).



Current research:

food regulation of artisanal products and raw-milk cheese production

Abstract of the thesis:

The purpose of this study is to apply the Economic Law method for analyzing the artisanal raw-milk cheese production, which currently experiences a sui generis treatment from a legal and economic perspective in Brazil. Our initial diagnosis reveals a staggering slant of the Brazilian legal framework for food product of animal origin toward the fostering of similar industrial methods and sanitary controls for the most different production circumstances, regardless of production scale, cultural values, pricing and consumer markets. The research assesses the issue’s economic basis, as well as the legal protection of values close (or even contradictory) to the capitalist accumulation, such as the preservation of cultural heritages and the regional inequality overcome. In this sense, the work provides a historical background for the Brazilian agroartisanal production from the 16th century through the early 21th century. Such background permits a historical understanding of the animal origin products’ regulation, especially after the enactment of Law no. 1,283/1950 and Decree no. 30,691/1952, which establishes the “RIISPOA” and provide rules of industrial and sanitary control for food production, endangering the until-then common practices of raw-milk cheese production in Brazil. The objective of the historical review is to enable an analysis on the social, economic and cultural basis of the legal wording, to understand the political economy in which the legal rule is embedded. In conclusion, by means of a case study method, we examine the effects of the current legal framework upon the Serra da Canastra region. As a result, the research provides legal suggestions for harmonizing the legal framework with the local cheese production, the federal cooperative pact inserted in the Federal Constitution from 1988 and the principles of the Brazilian agricultural policies, recognizing and promoting the raw-milk artisanal cheese production both economically and culturally.

Keywords: raw-milk cheese, artisanal cheese, legal framework for food product of animal origin, economic law, agricultural policy, artisanal production.