ALÉM DO SENSO COMUM E DAS EVIDÊNCIAS ANEDÓTICAS: UMA ANÁLISE ECONÔMICA DO JUDICIÁRIO BRASILEIRO

Luciana Luk-Tai Yeung and Paulo Azevedo
Authors registered in the RePEc Author Service: Luciana Yeung Luk Tai ()

No 13-2010, Working Papers from Universidade de São Paulo, Faculdade de Economia, Administração e Contabilidade de Ribeirão Preto

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.

Keywords: Bias; Judiciary; Logit Model (search for similar items in EconPapers)
JEL-codes: C25 D02 K40 (search for similar items in EconPapers)
Date: 2010
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