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The judiciary and the public budget: comments on the budget impact of judicial decisions

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Author(s):
Natália Pires de Vasconcelos
Total Authors: 1
Document type: Master's Dissertation
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Marcos Paulo Verissimo; Conrado Hubner Mendes; Vanessa Elias de Oliveira
Advisor: Marcos Paulo Verissimo
Abstract

The literature of judicialization of politics in Brazil focuses mainly on the study of the Judiciary and its decisions. The process of implementation and compliance of such decisions, and its direct and indirect effects over society and the political process are virtually unconsidered, as if the judge had the final and decisive word about the case. Such a state of the art of judicialization research in Brazil does not prevent authors from assuming as uncontested truths some empirically fragile considerations, one of which, the argument about the budget impact of judicial decisions, especially when guaranteeing social rights. On the next pages, I intend to show that such a literature does not work with empirical evidences sufficiently strong to support the assumption that the judicialization of social rights has more impact over the budget than the judicialization of other rights, such as civil and political ones. Not only, the budget impact cannot be assessed only by the analysis of judicial decisions. When the public administration is sentenced by the Judiciary to provide services, pay bonds or review the rules that regulate the budget administration, such decisions must be implemented by other actors, political ones, that are compelled by a structure of incentives and disincentives in which judicial orders are only one of its components. After assessing the current literature about impact and compliance of judicial decisions, I analyze three examples that show how the process of implementation can change and potentially reduce the budget impact of judicial decisions: the judicialization of health in Brazil, the Brazilian system of judicially ordered government bonds (precatorios) and the judicial review of the statute that regulate the State Participation Fund (Fundo de Participação dos Estados). (AU)

FAPESP's process: 12/06294-3 - The Judicialization of the Public Budget: An Analysis of the Institutional Role Played by the Judiciary on the definition of the Public Budget.
Grantee:Natalia Pires de Vasconcelos
Support type: Scholarships in Brazil - Master