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Além Do Senso Comum E Das Evidências Anedóticas: Uma Análise Econômica Do Judiciário Brasileiro

Author

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  • Luciana Luk-Tai Yeung
  • Paulo Furquim de Azevedo

Abstract

When judges are believed to be politically biased, many nasty predictions may derive from it. Economic literature in Brazil shows some controversies over what is the direction of the bias, but mainly, economists believe that courts tend to favor debtors, leading to high disincentives for investment decisions and credit granting. Oddly, this controversial debate has never been accompanied by empirical data. This paper aims to test the hypothesis of the existence of a pro-debtor bias in Brazilian courts. A population of 1,687 decisions of the STJ (Superior Tribunal de Justiça) over private debts was analyzed case by case, and the variables were regressed in a logit model. Results indicate that the phenomenon of judicial bias is far more complex than authors have implied, and its existence, in any direction, was not confirmed by data.

Suggested Citation

  • Luciana Luk-Tai Yeung & Paulo Furquim de Azevedo, 2010. "Além Do Senso Comum E Das Evidências Anedóticas: Uma Análise Econômica Do Judiciário Brasileiro," Working Papers 13-2010, Universidade de São Paulo, Faculdade de Economia, Administração e Contabilidade de Ribeirão Preto.
  • Handle: RePEc:fea:wpaper:13-2010
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    File URL: ftp://cpq.fearp.usp.br:2300/textos_discussao/eco/TD-E13-2010.pdf
    File Function: First version, 2010
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    References listed on IDEAS

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    1. repec:sbe:breart:v:21:y:2001:i:2:a:2753 is not listed on IDEAS
    2. Simar, Leopold & Wilson, Paul W., 2007. "Estimation and inference in two-stage, semi-parametric models of production processes," Journal of Econometrics, Elsevier, vol. 136(1), pages 31-64, January.
    3. Beenstock, Michael & Haitovsky, Yoel, 2004. "Does the appointment of judges increase the output of the judiciary?," International Review of Law and Economics, Elsevier, vol. 24(3), pages 351-369, September.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    Bias; Judiciary; Logit Model;

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • C25 - Mathematical and Quantitative Methods - - Single Equation Models; Single Variables - - - Discrete Regression and Qualitative Choice Models; Discrete Regressors; Proportions; Probabilities

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