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Judicial governance: a theoretical-methodological model proposal

posted on 30.05.2022, 17:10 authored by Luiz Akutsu, Tomás de Aquino Guimarães

Judicial governance is a multifaceted concept, underexplored in the literature with few empirical studies on this issue that analyze variables that influence it. This article aims to suggest a theoretical-methodological model of judicial governance, whose future application allows data collection to describe and evaluate the validity of the relationship between its constructs and variables in each context. Assumptions of the agency theory and the transaction cost theory, originally addressed to private companies, were incorporated into creation of the model. Procedures for data collection included document analysis and 10 interviews. The suggested model includes the systematization of seven theoretical constructs - accountability, accessibility, independence, resources and structure; governance practices; institutional environment; performance - and variable components of these constructs.