Análise de custo-benefício e política criminal: uma análise econômica do direito penal na formação de políticas preventivas mais eficientes
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Date
2021-05-13
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Universidade Católica do Salvador
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.
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Keywords
Análise de custo-benefício, Política criminal, Teoria econômica do direito penal, Cost-benefit analysis, Criminal policy, Economic theory of criminal law