JUDICIAL REVIEW IN BRAZIL: A COMPARATIVE INSTITUTIONAL ANALYSIS

Authors

  • Rafael de Oliveira Costa Ministério Público do Estado de São Paulo

DOI:

https://doi.org/10.31501/ealr.v7i2.5407

Abstract

Brazil has developed one of the most complex systems of judicial review in the world. This article explores the complexities of Brazil´s system through a comparative institutional analysis perspective – a strand of Law and Economics –, considering not only the role of courts, but also market and politics, to conclude that, without a versatile and flexible framework, institutional choice could be a result of desire and personal interests, instead of effectively implementing social policies.

Downloads

Download data is not yet available.

Author Biography

Rafael de Oliveira Costa, Ministério Público do Estado de São Paulo

Law degree from Federal University of Minas Gerais / University of Wisconsin. LLM and PhD from Federal University of Minas Gerais. Public Prosecutor in Brazil. 

Downloads

Published

2016-12-30

Issue

Vol. 7 No. 2 (2016): Economic Analysis of Law Review

Section

Papers

License

The submission of a paper to Economic Analysis of Law Review implies the transfer, by the author(s), to the Catholic University of Brasília (UCB), of the aforementioned work for purposes of reproduction, dissemination, distribution, printing, publication and availability.

This journal offers immediate free access to its content, following the principle that making scientific knowledge freely available to the public provides greater global democratization of knowledge.

Authors who submit manuscripts for publication in EALR irrevocably agree to the following terms:

  1. Authors retain copyright but grant Economic Analysis of Law Review the right of first publication, with the work simultaneously licensed under a Commons Attribution-Share License, after publication, allowing the sharing of the work with acknowledgment of its authorship and initial publication in this journal.
  2. Authors and EALR are authorized to sign additional contracts separately, for non-exclusive distribution of the version of the article published in this journal (e.g., publish in an institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
  3. Authors are allowed and encouraged to publish and distribute their work online (e.g., in institutional repositories or on their personal webpage) at any point before or during the editorial process, as this can generate productive changes as well as increase impact and citation of the published work (see The Effect of Open Access).