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

Marcelo Justus, Thomas Victor Conti


On October 5, 2016, the Brazilian Federal Supreme Court decided that imprisonment of convicts in se-cond-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 constitutional-ity 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.


deterrence effects; law and economics; social cost


Economic Analysis of Law Review  -  ISSN 2178-0587

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