Dissuasão e Incapacitação: A lei nº 12.403/11 e os Crimes Contra o Patrimônio
The relationship between crime and justice has been extensively studied. Most of the literature focuses on developed countries and finds that crimes are affected by the legal system. However, justice maybe less effective in altering criminal behavior in developing countries, for instance, due to the higher levels of corruption observed in these countries. This paper analyzes the impact of Brazilian law number 12.403 - which caused a substantial reduction in the likelihood of preventive detention - on both theft and robbery. I explore the fact that the new law altered the adult penal code but left the juvenile criminal system unchanged. Using a difference-in-difference strategy that compares adults to juveniles I find that the law is consistent with an increase of 30% in theft and has no impact on robberies.
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:
- 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.
- 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.
- 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).