Exploring the trust structure: notes in sociology of law based on the operation of the precautionary measures law

• Autor(a) principal: Brocco, Pedro Dalla Bernardina
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/66578
• topic: Jurisprudence; Political economy; Trust; Sociology of legal efficacy; Direito; Economia política; Confiança; Sociologia da eficácia jurídica

This study aims to expose and discuss some empirical data collected in a survey conducted between 2011 and 2012 at the Court of Justice of the State of Rio de Janeiro, precisely in the criminal courts, on the operation of the then new Precautionary Measures Law (Law 12.403/ 2011), and point hypotheses aimed at understanding the data. The study aims to comprehend specially the data on the significant increase of sureties arbitrated at police headquarters that period, from the regency of the provisions of Law 12.403/2011, which enabled a proportional increase in provisional freedom, about 10% between April and December 2011. The provisional hypothesis is that the results could have been influenced by the country’s economic context, which was going through a period of confidence and optimism. Considering that the Law of precautionary measures brought a number of different measures of deprivation of liberty, such as the payment of sureties in police headquarters, we seek to understand the political and economic context of the country in the period of the collection of empirical data, such as unemployment and the provision of credit over the Brazilian GDP, which fluctuated in proportion to the increase of freedom. In this sense, the study will move towards the sociology of legal efficacy, i.e. the understanding of conditions capable of sustaining the law in relation to its validity, giving it efficacy.