Análise de custo-benefício e política criminal: uma análise econômica do direito penal na formação de políticas preventivas mais eficientes

Abstract

The purpose of this article was to carry out a study of the cost-benefit analysis tool, derived from the discipline of economy, to understand the possibility of its application in the formation of more efficient criminal policies. Such a tool may be able to adapt to criminal law and, therefore, be used by decision makers in the development of more efficient criminal policies, a pressing need given the scarcity of public resources that are applied to reduce crime. The objective of this article was, during its analysis, to see if the application of this tool is able to present an efficient solution for the elaboration of preventive criminal policies. Through a bibliographic review, a brief synthesis of the studied concepts was carried out, seeking to harmonize the application of the tool within a legal-penal perspective. In this way, we sought to understand whether the use of the tool is adequate and viable, in the construction of criminal policy, and whether its use should therefore be encouraged by decision makers in the Brazilian State.