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Citizens against the state: the riddle of high impact, low functionality courts in Brazil

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  • Matthew M. Taylor

Abstract

The Brazilian federal judiciary offers an interesting riddle to scholars of judicial politics and policy change. While the courts have played a major policy role over the past two decades, constraining and altering federal policy across a range of subjects, the court system has simultaneously been labeled “dysfunctional.” This paper investigates this riddle: a system plagued by major systemic flaws in its day-to-day operations, which nonetheless still manages to exert a powerful influence on public policy in Brazil. I adopt a new institutional perspective, focusing on how the institutional and normative structure within which judges and other legal actors operate affects policy outcomes. JEL classification: K0; K4; K40.

Suggested Citation

  • Matthew M. Taylor, 2005. "Citizens against the state: the riddle of high impact, low functionality courts in Brazil," Brazilian Journal of Political Economy, Center of Political Economy, vol. 25(4), pages 418-438.
    • Handle: RePEc:ekm:repojs:v:25:y:2005:i:4:p:418-438:id:651
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    File URL: https://centrodeeconomiapolitica.org.br/repojs/index.php/journal/article/view/651/648
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    More about this item

    Keywords

    Judiciary; courts; institutions; public policy; judicialization;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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