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Anarquismo Judicial E Teoria Dos Times, Ivo T. Gico Jr.
Anarquismo Judicial E Teoria Dos Times, Ivo T. Gico Jr.
Ivo Teixeira Gico Jr.
By interpreting legal certainty as a form of capital, the legal capital, the social consequences of the absence of coordination mechanisms between judges to create and maintain the law is analyzed, specially the resulting judicial anarchism. A team model indicates that Brazilian judges do not have enough incentives and mechanisms to invest in legal capital and to unify legal rules. Henceforth, legal uncertainty is expected in all areas of law, except those where there is some degree of ideological convergences between judges.
O Capital Jurídico E O Ciclo Da Litigância, Ivo T. Gico Jr.
O Capital Jurídico E O Ciclo Da Litigância, Ivo T. Gico Jr.
Ivo Teixeira Gico Jr.
THIS PAPER EXPLORES THE INTERPRETATION OF LAW AS CAPITAL GOOD AND ITS IMPLICATIONS REGARDING THE AGGREGATE BEHAVIOR OF BRAZILIAN LITIGATION. THE THEORY INDICATES THAT THERE MAY BE A DIRECT LINK BETWEEN THE REAL STOCK OF LEGAL CAPITAL WITHIN A LEGAL ORDER AND THE AGGREGATE BEHAVIOR OF LITIGANTS, SINCE A SUBOPTIMAL OFFER OF LEGAL CERTAINTY CREATES INCENTIVES TO LITIGATE. THIS INTERRELATIONSHIP IS SUPPOSED TO GENERATE A CYCLICAL LITIGATION, WHICH IS NOT OBSERVED IN BRAZIL.