The criminal anarchy of the law of special civil and criminal courts in Brazil

the contribution of economist James Buchanan’s research program

Abstract

The work “The Limits of Liberty: between Anarchy and Leviathan” by economist James Buchanan was carefully transformed into a procedural criminal conciliation research program adapted to Criminology with the function of understanding the dynamics of the civil composition of damages in light of rationality of the victim and the aggressor. The transformation of this work into a scientific research program develops its own script, of my own authorship, formed by six epistemological procedures that characterize the researcher’s way of producing knowledge. The deductive structure of this research program uses the concepts of economic rationality and ordered anarchy combined with the objects of study of Criminology: the victim, the offender, crime and the means of social control. Specifically, a diagnosis is produced and then an institutional prognosis considering the hypothesis that homo economicus would virtually participate in the civil composition of damages as victim and aggressor. It is, therefore, an interdisciplinary, theoretical and speculative programmatic study, limited to the work “The Limits of Liberty...” by the economist Buchanan, which was adapted for the first time to Criminology due to the reality of the proposed theme. The conclusive thesis of this programmatic study states that there is a constitutional political economy and an ordered anarchy in the dynamics of the civil composition of damages as long as the criminal duo behaves rationally.