Preferências, Custos da Decisão e Normas Jurídicas no Processo Decisório das Cortes: o modelo de múltiplos comportamentos DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v2n2p264-296
DOI:
https://doi.org/10.18836/2178-0587/ealr.v2n2p264-296Abstract
This article aims to develop an alternative formal model of judicial policymaking in Supreme Courts. Differently from the mainstream approaches of Law (legal model) and Political Science (attitudinal, and strategic models), we developed the hypothesis that multiple behaviors could be observed as a function of three main explanatory variables: political preferences of judges, the limits of interpretations of rules, and decisions costs involved in the judgment of the case. As a conclusion, ten propositions about judicial policy process were developed as a way to map the determinants of a final Court decision.
Downloads
Downloads
Published
Issue
Section
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:
- 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).