Mariana Mota Prado
Biographic Data
| ID | 989432 |
|---|---|
| NAME | Mariana Mota Prado |
| GIVEN NAMES | Mariana Mota |
| FAMILY NAME | Prado |
| SIGNATURE | PRADO M M |
| AFFILIATIONS | University of Toronto |
| ORCID | 0000-0002-5555-8859 |
| VERIFIED | Yes |
| TOTAL WORKS | 25 |
| TOTAL CITATIONS | 87 |
| AUTHOR COUNT | 25 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 5 |
Brazil’s pacifying police units revisited: A failed democratic policing project and lessons for institutional reforms
Brazil’s Pacifying Police Units (UPPs) were an incremental police reform project implemented in Rio de Janeiro in 2008. Though initially celebrated as an innovate approach for reducing police violence, the project did not produce substantive changes in the structure of local police forces, their violent practices, or the state’s historically poor public security outcomes. It has since been characterized as a failed reform, suggesting that some sc…
Deference as informed respect: Vavilov’s implications for procedural review of legislative functions
This article articulates a theoretical and doctrinal basis to support the idea that Canadian courts should abandon their complete abstinence from reviewing the procedural fairness of delegated legislation (known as the ‘legislative exception’). While this is a longstanding demand, Canadian courts have been slow in embracing it until now. Vavilov, a Supreme Court of Canada case decided in 2019, opens the door for the substantive review of delegate…
A pragmatist approach to the administrative state: A new interpretation of John Willis’s ‘three approaches to administrative law
In this article, I offer an alternative interpretation of John Willis’s article ‘Three Approaches to Administrative Law: The Judicial, the Conceptual, and the Functional,’ published in the University of Toronto Law Journal in 1935. While celebrated as one of the founding fathers of Canadian administrative law, Willis has also been heavily criticized for his strong opposition to judicial review of administrative action. These criticisms, however, …
Corruption and Separation of Powers: Where do Prosecutors Fit
Dimensões Institucionais da Igualdade de Gênero: O Caso Maria da Penha
Este artigo explora a complexa interação entre a letra da Lei Maria da Penha (Lei 11.340/2006) e o contexto institucional no qual ela funciona. Após detalhar as mudanças institucionais introduzidas pela lei, analisamos as medidas adotadas pelo governo brasileiro para implementar reformas, apontando inúmeras deficiências. Ademais, mostramos que os tribunais brasileiros não têm reconhecido a importância das instituições previstas na lei. Concluímos…
The New Progressivism and its implications for institutional theories of development
Bypasses Institucionais no Brasil: Superando a Resistência Ex-ante às Reformas Institucionais
A reform strategy that may help reformers overcome resistance to institutional change is “an institutional bypass”. An institutional bypass does not try to modify, change or reform existing institutions. Instead, it creates a new pathway that aims at being more functional than the preexisting institution. After discussing what characterizes a bypass, this paper turns to two examples from Brazil: a bureaucratic reform called Poupatempo, which is a…
Systemic corruption and institutional multiplicity: Brazilian examples of a complex relationship
Systemic corruption is usually described as a stable self-reinforcing equilibrium that traps individuals by reducing incentives to behave honestly. This article assumes that law enforcement institutions may also be trapped in this equilibrium, leaving no alternative to individuals who want to report corruption. Would the existence of multiple institutions performing accountability functions – what we call institutional multiplicity – reduce the p…
Using Criminal Law to Fight Corruption: The Potential, Risks, and Limitations of Operation Car Wash (Lava Jato)
The Brazilian case of Lava Jato started with a scandal involving the massive malfeasance of corporate and political elites in relation to the state-run oil company Petrobras. The scope of the corruption was unprecedented. Politicians and Petrobras employees received hundreds of millions (if not billions) of dollars in kickbacks between 2004 and 2012. This Article focuses on the innovations promoted by the Lava Jato case. This new jurisprudence ha…
Institutional bypasses in Brazil’s New Unionism movement: Central unions and workers’ committees
This article explores the rise of a strong labour movement in Brazil during the 1970s, known as Brazil’s New Unionism (Novo Sindicalismo) and the innovative institutional strategies it employed to change the labour system. We argue that these strategies can be considered institutional bypasses, which are parallel institutions created in an attempt to reform a state-centred and state-controlled system. We examine two specific examples of these ins…
Corruption Scandals, the Evolution of Anti-Corruption Institutions, and Their Impact on Brazil's Economy
This chapter considers corruption in the Brazilian context and the impact this may have had on economic performance. It is first suggested that a corruption scandal can create a window of opportunity for reforms, such that a government's action or inaction in the aftermath of a scandal may signify its commitment to institutional change. The chapter assesses the impacts of past scandals and responsive institutional reforms on perceptions of corrup…
The Concept of an International Institutional Bypass
The rapid proliferation of international institutions has been a defining feature of the postwar international architecture. Since the end of the Second World War, the international system has seen the creation of thousands of international treaties and organizations that have established rules governing a multitude of issues that range from international security to human rights, and from international trade to the environment
Introduction to Symposium on International Institutional Bypass
The concept of an institutional bypass-that is, creating a parallel institution that performs exactly the same function of the dysfunctional institution-has already proven useful for analyzing institutional reforms undertaken at the domestic level. 1 However, it has only recently been suggested as potentially applicable to the global governance context as well. 2 To explore this possibility further, this project brought together a group of resear…
The past and future of law and development
In this focus feature, David Trubek and Michael Trebilcock present an assessment of the past forty years of the law and development movement and map the challenges that lie ahead. While law and development research today seems to be on more solid ground than it was in the late 1960s and early 1970s, it is still at risk of facing a second demise. The recent revival of the law and development movement has been marked by a research agenda increasing…
Policing following political and social transitions: Russia, Brazil, and China compared
This is a comparative analysis of policing in three countries that have experienced a major political or social transition, Russia, Brazil, and China. We consider two related questions: (1) how has transition in each country affected the deployment of the police against regime opponents (which we term “repression”)? And (2) how has the transition affected other police misconduct that also victimizes citizens but is not directly ordered by the reg…
The Right to Health at the Public/Private Divide: A Global Comparative Study
Through a comparative global study of countries from all continents representing a diversity of health, legal, political, and economic systems, this book explores the role of health rights in advancing greater equality through access to health care. Does health care promote equality, or does it in fact advance the opposite result? Does inserting the idea of 'the right to health' into health systems allow the reinsertion of public values into syst…
Process and Pattern in Institutional Reforms: A Case Study of the Police Pacifying Units (UPPs) in Brazil
The BRICS Banks potential to challenge the field of development cooperation
VRÜ Verfassung und Recht in Übersee , Seite 147 - 197
O paradoxo das reformas do estado de direito: Quando reformas iniciais se tornam obstáculos para reformas futuras
No seu livro mais recente, Reformas do Estado de Direito e Desenvolvimento: Mapeando o Difícil Caminho do Progresso, Michael Trebilcock e Ron Daniels mostram como as numerosas tentativas de promover reformas para fortalecer o Estado de Direito em países em desenvolvimento geraram poucos sucessos e muitos fracassos. O diagnóstico dos autores é que fatores sociais, históricos e culturais e a resistência de grupos de interesse, foram dois dos princi…
Implementing independent regulatory agencies in Brazil: The contrasting experiences in the electricity and telecommunications sectors
This paper explores hypotheses that could explain both the creation of independent regulatory agencies (IRAs) in Brazil, and the differences in the design of the Brazilian IRAs in the telecommunications and electricity sectors. To formulate specific hypotheses that make sense of the Brazilian case, the paper critically interrogates the “weak state” hypothesis and the “political bias” hypothesis. The first argues that countries with flawed governa…
Police Reform in Violent Democracies in Latin America
What Makes Poor Countries Poor?: Institutional Determinants of Development
This important book focuses on the idea that institutions matter for development, asking what lessons we have learned from past reform efforts, and what role lawyers can play in this field.
How Innovative Was the Poupatempo Experience in Brazil? Institutional Bypass as a New Form of Institutional Change
This article analyzes Poupatempo, a recent bureaucratic reform in Brazil. We argue that it offers insight into a potentially successful strategy to promote institutional reforms. After analyzing the design of the project and the obstacles to its implementation, we conclude that Poupatempo’s most innovative feature was the fact that it did not try to reform existing institutions. Instead it created a new pathway around an inefficient bureaucracy. …
The Paradox of Rule of Law Reforms: How Early Reforms Can Create Obstacles to Future Ones
In their most recent book, Rule of Law Reform and Development: Charting the Fragile Path of Progress, Michael Trebilcock and Ron Daniels show how rule of law reforms have a mixed – not to say disappointing – track record of successes. Their diagnosis is that social–historical–cultural factors and resistance from interest groups are two of the main obstacles to reform. This essay explores these two obstacles in greater depth. With respect to socia…
Path Dependence, Development, and the Dynamics of Institutional Reform
In the past decade, an institutional perspective on development has become increasingly prominent in development thinking. However, the reform experience thus far suggests that if institutions indeed matter for development, we still do not have a firm understanding of how to transforms dysfunctional institutions. Drawing on concrete examples of rule of law and property rights reforms, we argue that path dependence theory can shed some light on pa…
Police Reform in Violent Democracies in Latin America
Implementing independent regulatory agencies in Brazil: The contrasting experiences in the electricity and telecommunications sectors
This paper explores hypotheses that could explain both the creation of independent regulatory agencies (IRAs) in Brazil, and the differences in the design of the Brazilian IRAs in the telecommunications and electricity sectors. To formulate specific hypotheses that make sense of the Brazilian case, the paper critically interrogates the “weak state” hypothesis and the “political bias” hypothesis. The first argues that countries with flawed governa…
Process and Pattern in Institutional Reforms: A Case Study of the Police Pacifying Units (UPPs) in Brazil
Path Dependence, Development, and the Dynamics of Institutional Reform
In the past decade, an institutional perspective on development has become increasingly prominent in development thinking. However, the reform experience thus far suggests that if institutions indeed matter for development, we still do not have a firm understanding of how to transforms dysfunctional institutions. Drawing on concrete examples of rule of law and property rights reforms, we argue that path dependence theory can shed some light on pa…
Policing following political and social transitions: Russia, Brazil, and China compared
This is a comparative analysis of policing in three countries that have experienced a major political or social transition, Russia, Brazil, and China. We consider two related questions: (1) how has transition in each country affected the deployment of the police against regime opponents (which we term “repression”)? And (2) how has the transition affected other police misconduct that also victimizes citizens but is not directly ordered by the reg…
How Innovative Was the Poupatempo Experience in Brazil? Institutional Bypass as a New Form of Institutional Change
This article analyzes Poupatempo, a recent bureaucratic reform in Brazil. We argue that it offers insight into a potentially successful strategy to promote institutional reforms. After analyzing the design of the project and the obstacles to its implementation, we conclude that Poupatempo’s most innovative feature was the fact that it did not try to reform existing institutions. Instead it created a new pathway around an inefficient bureaucracy. …
Using Criminal Law to Fight Corruption: The Potential, Risks, and Limitations of Operation Car Wash (Lava Jato)
The Brazilian case of Lava Jato started with a scandal involving the massive malfeasance of corporate and political elites in relation to the state-run oil company Petrobras. The scope of the corruption was unprecedented. Politicians and Petrobras employees received hundreds of millions (if not billions) of dollars in kickbacks between 2004 and 2012. This Article focuses on the innovations promoted by the Lava Jato case. This new jurisprudence ha…
Systemic corruption and institutional multiplicity: Brazilian examples of a complex relationship
Systemic corruption is usually described as a stable self-reinforcing equilibrium that traps individuals by reducing incentives to behave honestly. This article assumes that law enforcement institutions may also be trapped in this equilibrium, leaving no alternative to individuals who want to report corruption. Would the existence of multiple institutions performing accountability functions – what we call institutional multiplicity – reduce the p…
The past and future of law and development
In this focus feature, David Trubek and Michael Trebilcock present an assessment of the past forty years of the law and development movement and map the challenges that lie ahead. While law and development research today seems to be on more solid ground than it was in the late 1960s and early 1970s, it is still at risk of facing a second demise. The recent revival of the law and development movement has been marked by a research agenda increasing…
The BRICS Banks potential to challenge the field of development cooperation
VRÜ Verfassung und Recht in Übersee , Seite 147 - 197
Path Dependence, Development, and the Dynamics of Institutional Reform
In the past decade, an institutional perspective on development has become increasingly prominent in development thinking. However, the reform experience thus far suggests that if institutions indeed matter for development, we still do not have a firm understanding of how to transforms dysfunctional institutions. Drawing on concrete examples of rule of law and property rights reforms, we argue that path dependence theory can shed some light on pa…
The Paradox of Rule of Law Reforms: How Early Reforms Can Create Obstacles to Future Ones
In their most recent book, Rule of Law Reform and Development: Charting the Fragile Path of Progress, Michael Trebilcock and Ron Daniels show how rule of law reforms have a mixed – not to say disappointing – track record of successes. Their diagnosis is that social–historical–cultural factors and resistance from interest groups are two of the main obstacles to reform. This essay explores these two obstacles in greater depth. With respect to socia…
What Makes Poor Countries Poor?: Institutional Determinants of Development
This important book focuses on the idea that institutions matter for development, asking what lessons we have learned from past reform efforts, and what role lawyers can play in this field.
How Innovative Was the Poupatempo Experience in Brazil? Institutional Bypass as a New Form of Institutional Change
This article analyzes Poupatempo, a recent bureaucratic reform in Brazil. We argue that it offers insight into a potentially successful strategy to promote institutional reforms. After analyzing the design of the project and the obstacles to its implementation, we conclude that Poupatempo’s most innovative feature was the fact that it did not try to reform existing institutions. Instead it created a new pathway around an inefficient bureaucracy. …
Implementing independent regulatory agencies in Brazil: The contrasting experiences in the electricity and telecommunications sectors
This paper explores hypotheses that could explain both the creation of independent regulatory agencies (IRAs) in Brazil, and the differences in the design of the Brazilian IRAs in the telecommunications and electricity sectors. To formulate specific hypotheses that make sense of the Brazilian case, the paper critically interrogates the “weak state” hypothesis and the “political bias” hypothesis. The first argues that countries with flawed governa…
Police Reform in Violent Democracies in Latin America
O paradoxo das reformas do estado de direito: Quando reformas iniciais se tornam obstáculos para reformas futuras
No seu livro mais recente, Reformas do Estado de Direito e Desenvolvimento: Mapeando o Difícil Caminho do Progresso, Michael Trebilcock e Ron Daniels mostram como as numerosas tentativas de promover reformas para fortalecer o Estado de Direito em países em desenvolvimento geraram poucos sucessos e muitos fracassos. O diagnóstico dos autores é que fatores sociais, históricos e culturais e a resistência de grupos de interesse, foram dois dos princi…
The Right to Health at the Public/Private Divide: A Global Comparative Study
Through a comparative global study of countries from all continents representing a diversity of health, legal, political, and economic systems, this book explores the role of health rights in advancing greater equality through access to health care. Does health care promote equality, or does it in fact advance the opposite result? Does inserting the idea of 'the right to health' into health systems allow the reinsertion of public values into syst…
Process and Pattern in Institutional Reforms: A Case Study of the Police Pacifying Units (UPPs) in Brazil
The BRICS Banks potential to challenge the field of development cooperation
VRÜ Verfassung und Recht in Übersee , Seite 147 - 197
Policing following political and social transitions: Russia, Brazil, and China compared
This is a comparative analysis of policing in three countries that have experienced a major political or social transition, Russia, Brazil, and China. We consider two related questions: (1) how has transition in each country affected the deployment of the police against regime opponents (which we term “repression”)? And (2) how has the transition affected other police misconduct that also victimizes citizens but is not directly ordered by the reg…
The past and future of law and development
In this focus feature, David Trubek and Michael Trebilcock present an assessment of the past forty years of the law and development movement and map the challenges that lie ahead. While law and development research today seems to be on more solid ground than it was in the late 1960s and early 1970s, it is still at risk of facing a second demise. The recent revival of the law and development movement has been marked by a research agenda increasing…
The Concept of an International Institutional Bypass
The rapid proliferation of international institutions has been a defining feature of the postwar international architecture. Since the end of the Second World War, the international system has seen the creation of thousands of international treaties and organizations that have established rules governing a multitude of issues that range from international security to human rights, and from international trade to the environment
Introduction to Symposium on International Institutional Bypass
The concept of an institutional bypass-that is, creating a parallel institution that performs exactly the same function of the dysfunctional institution-has already proven useful for analyzing institutional reforms undertaken at the domestic level. 1 However, it has only recently been suggested as potentially applicable to the global governance context as well. 2 To explore this possibility further, this project brought together a group of resear…
Corruption Scandals, the Evolution of Anti-Corruption Institutions, and Their Impact on Brazil's Economy
This chapter considers corruption in the Brazilian context and the impact this may have had on economic performance. It is first suggested that a corruption scandal can create a window of opportunity for reforms, such that a government's action or inaction in the aftermath of a scandal may signify its commitment to institutional change. The chapter assesses the impacts of past scandals and responsive institutional reforms on perceptions of corrup…
Institutional bypasses in Brazil’s New Unionism movement: Central unions and workers’ committees
This article explores the rise of a strong labour movement in Brazil during the 1970s, known as Brazil’s New Unionism (Novo Sindicalismo) and the innovative institutional strategies it employed to change the labour system. We argue that these strategies can be considered institutional bypasses, which are parallel institutions created in an attempt to reform a state-centred and state-controlled system. We examine two specific examples of these ins…
The New Progressivism and its implications for institutional theories of development
Bypasses Institucionais no Brasil: Superando a Resistência Ex-ante às Reformas Institucionais
A reform strategy that may help reformers overcome resistance to institutional change is “an institutional bypass”. An institutional bypass does not try to modify, change or reform existing institutions. Instead, it creates a new pathway that aims at being more functional than the preexisting institution. After discussing what characterizes a bypass, this paper turns to two examples from Brazil: a bureaucratic reform called Poupatempo, which is a…
Systemic corruption and institutional multiplicity: Brazilian examples of a complex relationship
Systemic corruption is usually described as a stable self-reinforcing equilibrium that traps individuals by reducing incentives to behave honestly. This article assumes that law enforcement institutions may also be trapped in this equilibrium, leaving no alternative to individuals who want to report corruption. Would the existence of multiple institutions performing accountability functions – what we call institutional multiplicity – reduce the p…
Using Criminal Law to Fight Corruption: The Potential, Risks, and Limitations of Operation Car Wash (Lava Jato)
The Brazilian case of Lava Jato started with a scandal involving the massive malfeasance of corporate and political elites in relation to the state-run oil company Petrobras. The scope of the corruption was unprecedented. Politicians and Petrobras employees received hundreds of millions (if not billions) of dollars in kickbacks between 2004 and 2012. This Article focuses on the innovations promoted by the Lava Jato case. This new jurisprudence ha…
Dimensões Institucionais da Igualdade de Gênero: O Caso Maria da Penha
Este artigo explora a complexa interação entre a letra da Lei Maria da Penha (Lei 11.340/2006) e o contexto institucional no qual ela funciona. Após detalhar as mudanças institucionais introduzidas pela lei, analisamos as medidas adotadas pelo governo brasileiro para implementar reformas, apontando inúmeras deficiências. Ademais, mostramos que os tribunais brasileiros não têm reconhecido a importância das instituições previstas na lei. Concluímos…
Corruption and Separation of Powers: Where do Prosecutors Fit
Deference as informed respect: Vavilov’s implications for procedural review of legislative functions
This article articulates a theoretical and doctrinal basis to support the idea that Canadian courts should abandon their complete abstinence from reviewing the procedural fairness of delegated legislation (known as the ‘legislative exception’). While this is a longstanding demand, Canadian courts have been slow in embracing it until now. Vavilov, a Supreme Court of Canada case decided in 2019, opens the door for the substantive review of delegate…
A pragmatist approach to the administrative state: A new interpretation of John Willis’s ‘three approaches to administrative law
In this article, I offer an alternative interpretation of John Willis’s article ‘Three Approaches to Administrative Law: The Judicial, the Conceptual, and the Functional,’ published in the University of Toronto Law Journal in 1935. While celebrated as one of the founding fathers of Canadian administrative law, Willis has also been heavily criticized for his strong opposition to judicial review of administrative action. These criticisms, however, …
Brazil’s pacifying police units revisited: A failed democratic policing project and lessons for institutional reforms
Brazil’s Pacifying Police Units (UPPs) were an incremental police reform project implemented in Rio de Janeiro in 2008. Though initially celebrated as an innovate approach for reducing police violence, the project did not produce substantive changes in the structure of local police forces, their violent practices, or the state’s historically poor public security outcomes. It has since been characterized as a failed reform, suggesting that some sc…
Political science (21 works) · Law (15 works) · Law (10 works) · Sociology (10 works) · Economics (9 works) · Politics (9 works) · Corruption and Economic Development (7 works) · Law and economics (6 works) · Political economy (5 works) · Public Administration (5 works)