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Desarrollo y Sociedad
versão impressa ISSN 0120-3584
Resumo
CLAVIJO, Juan Riomalo. Demystifying the Judicial Appeal Process in the Colombian Legal System. Desarro. soc. [online]. 2014, n.73, pp.111-149. ISSN 0120-3584. https://doi.org/10.13043/DYS.73.4.
The effects of the judicial appeal process in the Colombian legal system have not been thoroughly analyzed. Using an economic approach that conceives the judge as a rational agent and takes into account the system's institutional structure, this paper uses game theory to create different models that predict the judges' decisions when appealing is possible. These are later contrasted with the results of a series of interviews with civil judges to confirm the robustness of their theoretical predictions. Finally, based on this analysis, a set of public policy alternatives is suggested in order to enhance the efficiency of the judicial system as a whole while maintaining a fair and effective administration of justice.
Palavras-chave : Appeal; judicial system; judicial behavior; game theory.