{"title":"Access-to-Justice Reforms: A Brazilian Case Study of Bank Litigation Related to Heterodox Economic Plans","authors":"Helena C. Refosco","doi":"10.1515/gj-2020-0018","DOIUrl":null,"url":null,"abstract":"Abstract Between 2003 and 2016, Brazil carried out a World Bank-inspired “rule-of-law” reform that has failed to substantially increase access to justice. To buttress such a disheartening conclusion, this paper includes a case study of Brazil’s biggest litigation ever, which centered on the losses that bank customers had incurred because of heterodox national economic plans implemented in the late 1980s and early 1990s. By showing that the system of binding precedents consolidated in the reform ended up favoring “repeat players” over “one-shotters” in this litigation, this paper seeks to explain how institutional reforms that fail to tackle deep inequalities may backfire.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0018","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2020-0018","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
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Abstract
Abstract Between 2003 and 2016, Brazil carried out a World Bank-inspired “rule-of-law” reform that has failed to substantially increase access to justice. To buttress such a disheartening conclusion, this paper includes a case study of Brazil’s biggest litigation ever, which centered on the losses that bank customers had incurred because of heterodox national economic plans implemented in the late 1980s and early 1990s. By showing that the system of binding precedents consolidated in the reform ended up favoring “repeat players” over “one-shotters” in this litigation, this paper seeks to explain how institutional reforms that fail to tackle deep inequalities may backfire.
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Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.
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