Poder Judiciário e crédito: aplicação da teoria dos jogos

Abstract

This article aims to analyze the performance of Brazilain Courts in contractual relations involving the offer or credit, in order to undestand, through the Game Theory, how the position of judicial decisions influences the conduct of credit takers and of financioal institutions and which effects can be obsered in the market. Thus, initially, an analyzes of the importance of credit and of efficient contracts to economic development is made, considering banks as the main catalysts fo the system. Further, the role of Judiciary in the allocation of incentives in the market is discussed and then, the game theory is used to explain how economic agents behave facing legal rules and the interpretation laws made by the Courts. The analyzes leads to the conclusion that legal institutions and court decisions have strong influence in credit allocation and in the strategic behavior of each party.