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

Marcelo Justus dos Santos (mjustus@unicamp.br) and Thomas Conti (thomasvc@insper.edu.br)

MPRA Paper from University Library of Munich, Germany

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.

Keywords: Deterrence effect; Law and economics; Social cost (search for similar items in EconPapers)
JEL-codes: K4 K41 K42 (search for similar items in EconPapers)
Date: 2017
New Economics Papers: this item is included in nep-law
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Published in Economic Analysis of Law Review 1.8(2017): pp. 277-290

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