Análise econômica da execução de multa criminal após ADI 3.150/DF no Estado de Minas Gerais

Abstract

The collection of the criminal fine was assignment of the Public Finance period. After the decision of ADIN 3.150/DF, this assignment became a priority for the Public Ministry before the Criminal Execution Courts. In State of Minas Gerais, the Public Ministry issued an act compelling members to file a judicial action to collect the criminal fines, regardless of the amount. Thus, the State of Minas Gerais is today the national leader in the number of executions of criminal taxes. This article aims to analyze the mandatory execution, under the focus of efficiency, reflecting the balance between costs and benefits of the judicial process. For this purpose, a quantitative-qualitative research was used, with an evaluation of the principles of economic analysis of the law and a research with an empirical-documental bias, with an examination of the electronic processes of execution of a fine penalty. In the first part, the article demonstrates that the filing of the execution of any and all criminal taxes will cause the growth of demands of negative expected value. In the second part, the need to set a minimum amount for the judicial collection of the fine and the use of extrajudicial collection mechanisms.