publication . Article . 2007

Robin Hood Vs. King John Redistribution: How Do Local Judges Decide Cases in Brazil?

Ivan Cesar Ribeiro;
Open Access
  • Published: 01 May 2007 Journal: SSRN Electronic Journal (eissn: 1556-5068, Copyright policy)
  • Publisher: Elsevier BV
  • Country: United States
Abstract
This article discusses two opposed hypotheses to predict the behavior of judges when they have to decide a claim between parties with asymmetrical economic and political power. The first, which has broad acceptance among policy makers in Brazil, is the jurisdictional uncertainty hypothesis (Arida et al, 2005) that suggests that Brazilian judges tend to favor the weak party in the claim as a form of social justice and redistribution of income in favor of the poor. Glaeser et al. (2003) stated the second hypothesis. They suggest that the operation of legal, political and regulatory institutions is subverted by the wealthy and politically powerful for their own ben...
Subjects
free text keywords: Politics, Inequality, media_common.quotation_subject, media_common, Judicial opinion, Subversion, Property rights, Law and economics, Social inequality, Economics, Law, Redistribution (cultural anthropology), Redistribution of income and wealth
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