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An economic approach on imprisonment of second-instance convicts: the case of Brazil

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  • Justus, Marcelo
  • Conti, Thomas Victor

Abstract

On October 5, 2016, the Brazilian Federal Supreme Court decided that imprisonment of convicts in second-instance before the res judicata does not affect article 283 of the Penal Code. The objective of this study is to analyze, without judging the constitutionality of the novel juridical act, the hypothesis that “the possibility of imprisonment of convicts in second instance was a correct decision to reduce crime and its social cost”. This hypothesis is not rejected pursuant to the economic theory of crime.

Suggested Citation

  • Justus, Marcelo & Conti, Thomas Victor, 2017. "An economic approach on imprisonment of second-instance convicts: the case of Brazil," MPRA Paper 81639, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:81639
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    File URL: https://mpra.ub.uni-muenchen.de/81639/1/MPRA_paper_81639.pdf
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    References listed on IDEAS

    as
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    3. Francesco Parisi, 2004. "Positive, Normative and Functional Schools in Law and Economics," European Journal of Law and Economics, Springer, vol. 18(3), pages 259-272, December.
    4. Polinsky, A Mitchell & Shavell, Steven, 1999. "On the Disutility and Discounting of Imprisonment and the Theory of Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 1-16, January.
    5. Belton M. Fleisher, 1963. "The Effect of Unemployment on Juvenile Delinquency," Journal of Political Economy, University of Chicago Press, vol. 71(6), pages 543-543.
    6. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 55-67, National Bureau of Economic Research, Inc.
    7. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
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    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Deterrence effect; Law and economics; Social cost;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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