Sacredness of the constitutional text and interpretative heresy: the Brazilian Supreme Court decision on same-sex civil unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

The role of media networks in compensating political biases: evidence from radio networks in Brazil

A central question in political economy is how to incentivize elected socials to allocate resources to those that need them the most. Research has shown that, while electoral incentives lead central governments to transfer fewer funds to non-aligned constituencies, media presence is instrumental in promoting a better allocation of resources. This study evaluates how these two phenomena interact by analyzing the role of media in compensating political biases. In particular, we analyze how media presence, connectivity and ownership affect the distribution of federal drought relief transfers to Brazilian municipalities. We find that municipalities that are not aligned with the federal government have a lower probability of receiving funds conditional on experiencing low precipitation. However, we show that the presence of radio stations compensates for this bias. This effect is driven by municipalities that have radio stations connected to a regional network rather than by the presence of local radio stations. In addition, the effect of network-connected radio stations increases with their network coverage. These findings suggests that the connection of a radio station to a network is important because it increases the salience of disasters, making it harder for the federal government to ignore non-allies. We show that our findings are not explained by the ownership and manipulation of media by politicians.

Risky business: the market for unprotected commercial sex

Each day close to 20,000 people become infected with the HIV virus worldwide; a large portion of whom are infected through unprotected sex with sex workers. While condoms are an effective defense against the transmission of HIV and other sexually transmitted infections, large numbers of sex workers are not using them with their clients. We argue that some sex workers are willing to take the risk because clients are willing to pay more to avoid using condoms. Using a panel data set from Mexico, we estimate that sex workers received a 23 percent premium for unprotected sex from clients who requested not to use a condom. However, this premium jumped to 46 percent if the sex worker was considered very attractive. These results suggest that the current policies aimed at educating sex workers about risk, empowering them and improving their access to condoms need to be complemented with interventions aimed at teaching clients about the “joy of safe sex” thereby increasing the demand for using condoms.