O direito de propriedade e a eficiência econômica

Abstract

In this work we will make considerations about the imperious relationship between Property Rights and Economic Analysis of Law (AED). In order to achieve this objective, indispensable methodological tools such as externalities, efficiency, rational choice, well-being, incentives, transaction costs, maximization of wealth and interests will be employed. Thus, it is intended to reflect on the need for economic agents to always feel stimulated to achieve greater economic efficiency when allocating the scarce goods that are available to them. At the outset of the paper, a brief historical evolutionary approach to the Law Economic Analysis movement will be carried out, including the contribution made by Harold Demsetz and Armen Alchian in favor of the understanding between Property Rights and Economic Analysis of Law. In sequence, it will also be the very essence of the Rights of Property and its importance in the structure of social and human organization. At the end of the work, a reflection will be made on the importance of defining previously who are the owners of the scarce goods, delimiting the private property. In this sense, an understanding will be emanated in favor of the unbreakable interrelationship between Property Rights and Economic Analysis of Law, in view of being remarkably more economically efficient if it delimits, in advance, who is, exactly, Owner (s) of certain scarce property.