
Systemic Risk and Specialized Criminal Judges: The Brazilian TRF3 Case?
Abstract
Systemic risk is a topic developed by several areas of knowledge to prevent serious harms to a system, as shown by the studies of specialists, such as Javadish, Lucas, Renn, Benoit, Li, Pan and He. The Brazilian Third Region Federal Court (Tribunal Regional Federal da 3a. Região – TRF3) is starting to consider “systemic risk” as a key feature to identify financial crimes, and consequently assign such cases to specialized judges, whilst Brazilian Criminal Law is struggling with this interdisciplinary concept. A case-study on the criminal decisions that mention “systemic risk” was conducted to understand “how” the Court developed the concept. This article seeks to indicate the collateral effects of such a criterion to Legal theory and Court’s Administration, amid the TRF3’s polemic decision of partially abolishing specialized judges in money laundering and financial crimes.
© 2023 Catherine Ruriko Sato, published by International Association for Court Administration
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