•  43
    O Futuro do Tribunal: como a tecnologia permitiria descentralizar a unificação da jurisprudência
    In Democracia presente para gerações futuras (working title), Humus. forthcoming.
    O Judiciário moderno constitui um sistema hierarquizado e centralizado, em que cortes superiores, com um número pequeno de membros, têm a função de “dar a última palavra” para resolver desacordos doutrinários entre instâncias inferiores – e inclusive rever decisões das demais autoridades. Essa estrutura hierárquica implica uma fonte peculiar de instabilidade: o tribunal superior se torna como que um “ponto único de falha” suscetível à captura, à pressão indevida, à sobrecarga, e até a súbitas mu…Read more
  •  118
    As Eumênides e a Crise: responsabilidade, risco moral e dissuasão no sistema financeiro
    Economic Analysis of Law Review 12 (3): 301-319. 2022.
    Abstract: We face objections against punishing financial firms and managers for producing risks for the financial system – that it’s either paternalistic or inefficient. Against the first: financial crises are so damaging that governments and deposit insurance funds have to intervene – an implicit guarantee to creditors. This is controversial from the perspective of political morality: it implies using resources from the public for the benefit of better-off people who willingly incur risks. So, …Read more
  •  13
    Social decisions are often made under great uncertainty - in situations where political principles, and even standard subjective expected utility, do not apply smoothly. In the first section, we argue that the core of this problem lies in decision theory itself - it is about how to act when we do not have an adequate representation of the context of the action and of its possible consequences. Thus, we distinguish two criteria to complement decision theory under ignorance - Laplace’s principle o…Read more
  •  317
    Filosofia da Economia
    In Rodrigo Reis Lastra Cid & Luiz helvécio Marques Segundo (eds.), Problemas Filosóficos. pp. 552-592. 2020.
    O escritor A. J. Jacobs (2018) decidiu agradecer todas os envolvidas na preparação de seu cafezinho diário; isso o levou a uma jornada épica para contatar milhares de pessoas, desde a barista que lhe vendia o expresso matinal, passando por designers e inventores, até os agricultores que plantaram e colheram o grão em outro continente. Não existe um único indivíduo ou grupo responsável pelo seu café: é preciso um mundo para produzi-lo; é resultado de uma cadeia produtiva, uma rede decentral…Read more
  •  249
    The Harsanyi-Rawls debate: political philosophy as decision theory under uncertainty
    Manuscrito: Revista Internacional de Filosofía. forthcoming.
    Social decisions are often made under great uncertainty – in situations where political principles, and even standard subjective expected utility, do not apply smoothly. In the first section, we argue that the core of this problem lies in decision theory itself – it is about how to act when we do not have an adequate representation of the context of the action and of its possible consequences. Thus, we distinguish two criteria to complement decision theory under ignorance – Laplace’s principle o…Read more
  •  180
    After the 2008 crisis, there were several debates on the bail-out and the lack of accountability of financial institutions; this supposedly affects politica l values such as equality and responsibility: it implies transferring resources from the public (for instance, poor people) to specific economic agents who have chosen to incur certain risks. On the other hand, it is arguable that it would not be up to the regulators to protect investors’ interests, and that there would be more efficient an…Read more
  •  830
    From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a …Read more
  •  233
    This paper argues, through conceptual analysis, against an objection to the disapproval of banks for the 2007-8 crisis: the idea that they could not have acted otherwise (at least not rationally) and that no one should be blamed for a fact one could not have avoided. If true, it would threaten the justification of corporate social responsibility and the legal liability of managers. Identified as the ‘inevitability thesis’, this objection is illustrated by an analysis of the film Margin Call (201…Read more
  •  497
    One of the explanations for the Great Crisis of 2007-2008 was that financial authorities should have issued stricter regulations to prevent the housing bubble. However, according to Alan Greenspan, President of the Federal Reserve System (FED) from 1987 to 2006, this is to judge with hindsight. No one can guess when a “bubble” begins, nor when it ends; they happen because of the “irrational exuberance” in investors’ behavior, which causes boom and bust cycles. Regulators are not in a better situ…Read more
  •  141
    This essay argues, through conceptual analysis, against an objection to reproaches addressed to financiers after the Crisis of 2007-8: the idea that they could not have acted otherwise (at least, not rationally) and that no one should be blamed for a fact one could not have avoided. If correct, this would threaten the justifiability of corporate social responsibility and legal responsibility of directors. Identified as the “thesis of inevitability”, this objection is illustrated by an analysis o…Read more
  •  289
    Abstract: Using a critical review of the literature, we study a challenge from philosophical anarchism to J. Raz's theory of legal authority: it would be irrational to follow an order with which one disagrees, since it would mean acting against what is considered more justified. Through references from decision theory and epistemology, and deploying examples about tools for assisting in routine decision-making, we sketch two possible answers: first, it may be justifiable to put yourself in a sit…Read more
  •  243
    This dialogue between Achilles and the Tortoise – in the spirit of those of Carroll and Hofstadter – argues against the idea, identified with the “traditional” interpretation of Aristotle’s “sea battle argument”, that future contingents are an exception to the Principle of Bivalence. It presents examples of correct everyday predictions, without which one would not be able to decide and to act; however, doing this is incompatible with the belief that the content of these predictions lacks a truth…Read more