Execução Provisória da Sentença: uma análise econômica do processo penal

Maurício Soares Bugarin, Fernando Boarato Meneguin, Tomás Tenshin Sataka Bugarin


The ordinance of temporary detention by lower courts is highly discussed in the criminal law. Either to immediately order detention or to wait for the final ruling of the Judiciary after all instances, both alternatives bring benefits and costs to society. The benefits of the ordinance of provisional detention are associated with the issue of public safety while the costs are related with the possibility of injustice. This paper seeks to determine what should be the optimal position of society on the issue using an economic model that compares social welfare in the presence and absence of provisional measures by criminal courts. The main findings are that immediate order of provisional detention by lower courts is more appropriate: a) insofar as the judicial institutions are more efficient; b) if the potential recurrence of crime is high; c) if the damage to the victim is considerable; and d) if the harm of the crime affects a greater number of citizens.


Provisional detention, Criminal Courts, Crime, Social welfare.

DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v2n2p204-229

Economic Analysis of Law Review  -  ISSN 2178-0587

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