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

• Autor(a) principal: Taylor,Matthew M.
• Data de Publicação: 2005
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista de Economia Política
• Texto Completo: http://old.scielo.br/scielo.php?script=sci_arttext&pid=S0101-31572005000400007
• topic: Judiciary; courts; institutions; public policy; judicialization

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.