Article citationsMore>>

Frankel, M. E. (2013). The Adversary Judge: The Experience of the Trial Judge. In D. M. O’Brien (Ed.), Judges on Judging: Views from the Bench (4th ed., p. 101). Sage.

has been cited by the following article:

• TITLE: Economic Analysis of Jurisdiction: The Case of Brazil

  AUTHORS: Andre Bueno da Silveira

  KEYWORDS: Economic Analysis of Law, Jurisdiction, Supreme Court, Brazil, Discretion

  JOURNAL NAME: Beijing Law Review, Vol.15 No.3, September 29, 2024

  ABSTRACT: The Brazilian Judiciary is considered by many people to be dysfunctional. In this article I explore some reasons for this problem based on economic analysis of law. The main problem is the unbalanced distribution of jurisdiction that creates excessive power in higher courts, notably in the Brazilian Federal Supreme Court. I explain some reasons why this superpower was formed over time. Furthermore, this article explores important issues related to jurisdiction, such as discretion and how the jurisdictional function could be better distributed in the first and second instances, as well as in higher courts. Finally, I argue for the adoption of practical measures by the Brazilian National Congress, such as the approval of the Peluso Amendment.