Compliance to law and effectiveness of the rule of law in Brazil


Autoria(s): Cunha, Luciana Gross; Oliveira, Fabiana Luci de; Ramos, Luciana de Oliveira
Data(s)

02/12/2013

02/12/2013

02/12/2013

Resumo

The goal of this paper is to debate the degree of effectiveness of the rule of law in Brazil, through a survey measuring perceptions, attitudes and habits of Brazilians in regard to compliance to law. The survey conducted in Brazil is based on the study conducted by Tom R. Tyler in the United States, entitled Why People Obey the Law? (New Haven, CT: Yale University Press, 1990). The main argument of Tyler´s study is that people obey the law when they believe it’s legitimate, and not because they fear punishment. We test the same argument in Brazil, relying on five indicators: (i) behavior, which depicts the frequency with which respondents declared to have engaged in conducts in disobedience to the law; (ii) instrumentality, measuring perception of losses associated with the violation of the law, specially fear of punishment; (iii) morality, measuring perception of how much is right or wrong to engage in certain conducts in violation of the law; (iv) social control, which measures perception of social disapproval of certain types of behavior in violation of the law, and (v) legitimacy, which measures the perception of respect to the law and to some authorities. Results indicate that fear of sanctions is not the strongest drive in compliance to law, but more than legitimacy, indicators of morality and social control are the strongest in explaining why people obey the law in Brazil.

Identificador

http://hdl.handle.net/10438/11311

Idioma(s)

en_US

Relação

DIREITO GV Research Paper Series – Legal Studies;78

Tipo

Working Paper

Palavras-Chave #Direito