Do Specialized Courts Make a Difference? Evidence from Brazilian State Supreme Courts

43 Pages Posted: 8 Apr 2015 Last revised: 24 Oct 2016

See all articles by Carolina Arlota

Carolina Arlota

University of Oklahoma School of Law

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Date Written: April 6, 2015

Abstract

Specialized courts have been a panacea of legal reform in Europe in the last ten to twenty years. Few studies have studied their performance and alleged advantages. This paper considers a particularly interesting example. It explores possible variations in terms of constitutional review across Brazilian state supreme courts. We focus on possible differences between decisions made by a non-specialized court en banc or by a specialized court panel (órgão especial), the latter being frequent in the larger states. An original dataset was constructed by the authors to empirically explore this question. The dataset considered 630 cases of abstract review judged between January 1, 2006, and December 31, 2010, across twenty-five state supreme courts of the Brazilian federation. The main purpose of our inquiry is to determine whether or not there are significant variations in the outcome of the cases of abstract review as a function of a specialized panel. We find some evidence that the existence of specialized panels matters for the likelihood and rates of dissent as well as duration of procedures, but not for other variables. Implications for legal reform are also discussed.

Keywords: specialized courts, constitutional review, state courts, dissents, length, duration, citations, Brazil

JEL Classification: K1

Suggested Citation

Arlota, Carolina and Garoupa, Nuno, Do Specialized Courts Make a Difference? Evidence from Brazilian State Supreme Courts (April 6, 2015). European Business Law Review, Vol. 27, 2016; Texas A&M University School of Law Legal Studies Research Paper No. 16-53. Available at SSRN: https://ssrn.com/abstract=2591141 or http://dx.doi.org/10.2139/ssrn.2591141

Carolina Arlota

University of Oklahoma School of Law ( email )

Nuno Garoupa (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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