Dissuasão e Incapacitação: A lei nº 12.403/11 e os Crimes Contra o Patrimônio

Bruno Ottoni


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.


Crime; Dissuasão; Incapacitação; Lei nº 12.403

Economic Analysis of Law Review  -  ISSN 2178-0587

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