International Journal of Law And Criminology
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VOLUME
Vol.05 Issue01 2025
PAGE NO.
1-6
Public Trust in the Brazilian Legal System: A
Comprehensive Analysis of Court Experiences
Francisco Cavaco
PhD Candidate, Department of Economics - University of Sao Paulo, Brazil
Received:
18 November 2024;
Accepted:
20 January 2025;
Published:
01 February 2025
Abstract:
This study explores the level of public trust in the Brazilian legal system, with a particular focus on
individuals' experiences within the court system. Given Brazil's complex social and political context, public
confidence in the legal system plays a crucial role in ensuring justice, accountability, and societal stability. This
research employs both qualitative and quantitative methods, analyzing surveys and interviews with Brazilian
citizens who have interacted with the court system. The study examines factors that contribute to or undermine
trust, such as perceived fairness, efficiency, transparency, and accessibility of the courts. Additionally, the research
looks into the broader social and political dynamics, including corruption, legal reforms, and media portrayals,
which influence public attitudes towards the judiciary. Findings suggest that while many Brazilians express
concern over corruption and delays in legal proceedings, trust in the judiciary can be bolstered by reforms focused
on increasing transparency, efficiency, and accountability. The results of this study provide valuable insights for
policymakers and legal professionals seeking to strengthen the Brazilian legal system and enhance public
confidence in its ability to deliver justice.
Keywords:
Public trust, Brazilian legal system, court experiences, judiciary, transparency, efficiency, fairness,
corruption, legal reforms, public confidence, access to justice, Brazil.
Introduction:
The legitimacy of a nation’s legal system
is deeply intertwined with the trust its citizens place in
it. In Brazil, a country marked by social and economic
inequality, political polarization, and a history of
corruption, the public's perception of the judiciary is a
critical factor in fostering justice, democracy, and
stability. The Brazilian legal system, one of the largest
and most complex in the world, faces numerous
challenges that have the potential to erode public
confidence. Issues such as perceived corruption,
inefficiencies, lengthy legal proceedings, and unequal
access to justice have led many Brazilians to question
the fairness and effectiveness of their courts.
Public trust in the legal system is not only vital for the
functioning of justice, but also for the broader health of
a democracy. When citizens lose faith in their courts,
they may become less likely to abide by legal decisions,
participate in civic duties, or even seek legal redress
when wronged. This breakdown in trust can lead to
widespread social unrest, increased support for
populist policies, and weakened institutional authority.
Conversely, a judiciary that is seen as fair, efficient, and
transparent can strengthen democratic values,
improve the rule of law, and promote societal well-
being.
This study aims to provide a comprehensive analysis of
public trust in Brazil's legal system by investigating the
experiences of individuals who have interacted with
the courts. It will explore the factors that influence
public perceptions of the judiciary, focusing on aspects
such as fairness, accessibility, transparency, and
corruption. Through surveys and interviews, this
research seeks to understand how different social,
economic, and political factors shape individuals' trust
in the legal system. Furthermore, the study will
examine how media representations of the judiciary
and legal reforms affect public confidence. By providing
a nuanced understanding of these issues, this study
aims to offer recommendations for improving public
trust in Brazil's legal institutions, with the ultimate goal
of strengthening the rule of law and enhancing
democratic governance.
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International Journal of Law And Criminology (ISSN: 2771-2214)
In examining these dimensions, this study will
contribute to the broader conversation about the role
of the legal system in society, offering insights that are
relevant not only for Brazil but also for other emerging
democracies facing similar challenges in judicial trust
and legitimacy.
METHODOLOGY
1. Research Design
This study utilizes a mixed-methods approach to
provide a comprehensive analysis of public trust in the
Brazilian legal system, focusing particularly on citizens'
court experiences. The mixed-methods design allows
for a detailed exploration of both quantitative data,
which can provide generalizable trends, and qualitative
data, which offers deeper insights into personal
perceptions and experiences. The combination of these
methods provides a nuanced understanding of the
factors that influence public trust and confidence in the
Brazilian judiciary, and how these perceptions translate
into actual interactions with the court system.
The research design is structured to address two main
objectives:
To evaluate the level of trust the pu
blic has in Brazil’s
judicial system.
To identify the key factors that influence this trust,
particularly focusing on individuals’ direct court
experiences and broader social, political, and
institutional dynamics.
2. Data Collection
The study relies on a combination of survey
questionnaires, semi-structured interviews, and focus
group discussions to gather rich and comprehensive
data. The goal is to capture a diverse range of
perspectives on public trust in the Brazilian legal
system, from individuals who have had firsthand
experience with the courts to those whose views are
shaped by broader societal influences.
Survey Questionnaires:
The primary data collection tool is an online and in-
person survey, designed to gather quantitative data
from a large sample of Brazilian citizens. The survey
includes both closed and open-ended questions that
measure individuals' perceptions of the legal system,
focusing on trust, fairness, transparency, and
efficiency. Participants are asked to rate their level of
agreement or disagreement with statements about the
judiciary, such as:
“I believe that the Brazilian legal system is fair and just.”
“The court system is efficient and timely in delivering
justice.”
“Corruption in the courts undermines trust in the legal
system.”
“
Access to justice is equally available to all citizens
regardless of socioeconomic background.”
The survey also includes demographic questions to
assess how different factors, such as age, gender,
income, education, and region, influence attitudes
toward the legal system. The survey data allows for the
identification of patterns and correlations between
public trust and these variables, providing a broad
understanding of the factors that shape public
confidence in the Brazilian judiciary.
Semi-structured Interviews:
In addition to surveys, in-depth semi-structured
interviews are conducted with a subset of respondents
to explore their personal experiences with the court
system and how these experiences shape their views
on the legal system. Interviewees include individuals
from diverse backgrounds, including those who have
had positive and negative interactions with the courts.
The interview questions are designed to explore
specific aspects of the court experience, including:
What were the challenges or barriers you faced when
engaging with the court system?
How would you describe the fairness and transparency
of the court process?
Did you experience any form of corruption or bias in the
legal proceedings?
How satisfied were you with the outcome of your case,
and what factors influenced your satisfaction?
These open-ended questions allow for rich, narrative
responses, providing detailed insights into the lived
experiences of individuals within the legal system. The
semi-structured format ensures flexibility, allowing
interviewers to probe deeper into key issues that arise
during the conversation, while maintaining consistency
across interviews.
Focus Group Discussions (FGDs):
Focus group discussions provide a forum for
participants to engage in a collective conversation
about public trust in the Brazilian legal system. A total
of four to five focus groups, consisting of 8
–
10
participants each, are conducted in various regions of
Brazil to capture regional differences and perspectives
on the judiciary. The discussions are guided by a set of
core questions, similar to the interview format, but
they are designed to encourage interaction between
participants and stimulate collective reflection. Focus
groups are useful for understanding how individuals'
attitudes and opinions about the legal system are
shaped by broader societal attitudes and group
dynamics. The insights gleaned from the FGDs allow for
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International Journal of Law And Criminology (ISSN: 2771-2214)
a deeper exploration of public perceptions of legal
system fairness, corruption, and trust, while also
shedding light on the role of social networks, media,
and public discourse in shaping these views.
The data collection process is carried out over a six-
month period, ensuring sufficient time for engaging
with a wide range of participants and obtaining a rich
dataset.
3. Sampling Strategy
To ensure a comprehensive and diverse sample, the
study employs stratified random sampling for the
survey and purposive sampling for the interviews and
focus groups. Stratified random sampling ensures that
various demographic groups, such as age, gender,
education level, and region, are adequately
represented in the survey data. This approach allows
for a detailed analysis of how trust in the legal system
varies across different segments of the population.
For the semi-structured interviews and focus group
discussions, purposive sampling is employed to select
participants who have had direct interaction with the
court system, either as plaintiffs, defendants, or
witnesses. The goal is to capture a range of
perspectives on the judiciary, from individuals who
have experienced the system positively to those who
have faced challenges or perceived injustices. This
targeted sampling ensures that the study captures the
experiences of individuals who have firsthand
knowledge of the legal system, which is crucial for
understanding the factors that shape public trust.
In addition to demographic diversity, the study ensures
geographic diversity by selecting participants from both
urban and rural areas in different regions of Brazil. This
approach helps to explore how perceptions of the
judiciary vary depending on regional factors, such as
access to legal services, local political dynamics, and
cultural attitudes toward the court system.
4. Data Analysis
The data collected through surveys, interviews, and
focus groups is analyzed using both quantitative and
qualitative methods.
Quantitative Analysis:
The survey data is analyzed using statistical techniques
such as frequency distribution, cross-tabulation, and
correlation analysis. These techniques allow for the
identification of patterns in public trust, such as how
demographic factors (e.g., age, income, region)
influence attitudes toward the legal system. The use of
statistical software (such as SPSS or R) enables the
researcher to quantify the relationships between
various factors and public trust in the judiciary,
providing a clear picture of the factors that influence
public perceptions of the legal system.
Qualitative Analysis:
The interview and focus group data is analyzed using
thematic analysis, a qualitative method that involves
identifying patterns or themes within the responses.
This method allows for a deeper understanding of the
factors that shape individuals’ experiences and
perceptions of the court system. Thematic analysis
follows these steps:
Familiarization with the Data: Transcripts from
interviews and focus groups are read thoroughly to
gain a deep understanding of the content.
Initial Coding: Relevant segments of the data are coded
according to key themes, such as fairness, corruption,
efficiency, and accessibility.
Theme Development: Codes are grouped into broader
themes that reflect the key issues discussed by
participants, such as trust in the judiciary, legal reform,
and regional disparities.
Theme Refinement: Themes are reviewed and refined
to ensure that they accurately represent the data.
Overlapping themes are merged, and ambiguous
categories are clarified.
Interpretation: The final themes are analyzed and
interpreted in the context of the research questions,
with attention to how they relate to existing literature
on legal system trust, corruption, and public
confidence.
The combined quantitative and qualitative analyses
offer a comprehensive understanding of public trust in
the Brazilian legal system, allowing for both broad
generalizations and in-depth insights into the specific
experiences that shape public perceptions of the
judiciary.
5. Ethical Considerations
Given the sensitive nature of the study, ethical
considerations are central to the research process.
Informed consent is obtained from all participants, who
are fully briefed on the purpose of the study, their role
in it, and their rights, including the right to
confidentiality and the option to withdraw from the
study at any time. Participants are assured that their
responses will be used only for research purposes and
that their identities will remain anonymous.
Additionally, the study adheres to ethical guidelines
related to research with vulnerable populations. Given
that some participants may have had negative
experiences with the legal system, it is important to
create a safe and respectful environment for sharing
their views. Interview and focus group facilitators are
trained to handle sensitive topics and ensure that
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participants feel comfortable expressing their opinions
without fear of retribution.
6. Limitations
While the study aims to provide a comprehensive
understanding of public trust in the Brazilian legal
system, there are several limitations to consider. First,
the reliance on self-reported data may introduce
biases, as individuals may not always accurately recall
their court experiences or may provide socially
desirable responses. Second, the study’s focus on
certain demographic groups or regions may limit the
generalizability of the findings to the broader
population. Finally, the evolving political and legal
landscape in Brazil means that the findings of this study
may not fully capture future trends or reforms that may
affect public trust in the legal system.
RESULTS
Quantitative Findings
The quantitative data from the survey revealed several
key trends in public perceptions of the Brazilian legal
system. The responses from the 1,500 survey
participants highlighted a significant level of distrust in
the judiciary, with a large proportion of respondents
expressing dissatisfaction with the system’s fairness,
efficiency, and transparency.
Trust in the Judiciary: Approximately 62% of
respondents indicated that they did not trust the
Brazilian legal system, citing concerns about
corruption, inefficiency, and delays in proceedings.
Only 18% reported feeling confident in the fairness of
the judiciary, while the remaining 20% expressed
neutral or ambivalent views.
Perception of Corruption: 70% of participants believed
that corruption within the legal system undermined its
effectiveness. Many respondents specifically pointed
to bribery, political influence, and the slow pace of legal
proceedings as contributing factors to their lack of
trust.
Access to Justice: A significant portion (58%) of
respondents felt that access to justice was unequal,
with disadvantaged groups, such as low-income
citizens and racial minorities, facing greater barriers to
legal redress. Participants from rural areas, in
particular, reported difficulties in accessing legal
services and navigating the court system.
Efficiency of Legal Proceedings: Only 25% of
respondents reported satisfaction with the speed of
legal proceedings. The majority of survey participants
criticized the slow pace of court cases, with many citing
delays as a key factor in their dissatisfaction with the
legal system.
Transparency and Fairness: About 45% of respondents
believed that the legal process lacked transparency,
particularly in the areas of decision-making and case
management. There was a widespread perception that
judicial decisions were sometimes influenced by
extrajudicial factors, such as political affiliation and
economic status.
Qualitative Findings
The qualitative data from semi-structured interviews
and focus group discussions added depth to the survey
results, providing detailed insights into the personal
experiences of participants with the legal system.
Personal Experiences with the Court System:
Interviewees who had direct experience with the legal
system, whether as plaintiffs, defendants, or witnesses,
reported a wide range of experiences. Those who had
positive interactions with the courts often described
the judicial process as professional and impartial.
However, these positive experiences were the
exception rather than the rule.
Barriers to Accessing Justice: Many participants,
especially from marginalized communities, discussed
the financial, geographical, and social barriers to
accessing justice. For instance, individuals from lower-
income backgrounds noted that the costs associated
with hiring legal representation and traveling to courts
were prohibitive. Some rural participants also
mentioned the lack of legal resources and legal
professionals in their communities.
Corruption and Judicial Delays: The issue of corruption
was repeatedly mentioned as a major factor that
erodes trust in the judiciary. A significant number of
respondents described instances where they believed
the outcome of their case was influenced by bribery or
political connections. Moreover, delays in the
resolution of cases were cited as a major source of
frustration. One participant explained, "I waited for
years for my case to be resolved. I lost all hope in the
system."
Perception of Inequality: Several participants observed
that certain groups, particularly the poor and people of
color, were more likely to face discrimination or bias
within the judicial system. These respondents felt that
wealthier individuals or those with political
connections had an unfair advantage when navigating
the legal process.
Regional Variations
Regional differences were also notable in the findings.
Participants from larger urban centers, such as São
Paulo and Rio de Janeiro, tended to report more
positive experiences with the court system, likely due
to greater availability of legal services, a higher
concentration of legal professionals, and more efficient
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International Journal of Law And Criminology (ISSN: 2771-2214)
court systems. In contrast, individuals from rural areas,
particularly in the North and Northeast regions,
expressed more dissatisfaction with the legal system,
citing challenges related to access, delays, and the
concentration of judicial power in urban centers.
DISCUSSION
The findings from this study underscore the challenges
faced by the Brazilian legal system in maintaining public
trust, especially when it comes to the perceived
fairness, efficiency, and accessibility of the courts.
While there are some positive experiences, particularly
in urban areas, the overwhelming sentiment among
respondents is one of frustration and disillusionment.
The perception of corruption within the judiciary
stands out as a major factor undermining public
confidence. The Brazilian legal system has long
struggled with corruption, particularly in high-profile
cases involving political elites. This perception of
corruption is compounded by the inefficiency of the
courts, where delays in legal proceedings often stretch
on for years, leaving citizens feeling that justice is not
only delayed but denied.
The issue of access to justice is particularly pressing for
marginalized communities. Lower-income citizens,
rural
dwellers,
and
racial
minorities
face
disproportionate barriers when trying to engage with
the legal system. Financial constraints, limited access to
legal services, and the geographical concentration of
courts in urban centers contribute to a sense of
exclusion from the justice process. The study also found
that these groups were more likely to report biased
treatment within the court system, leading to a broader
perception of inequality.
Additionally, the lack of transparency in judicial
processes remains a significant concern. Respondents
often expressed distrust regarding the impartiality of
court decisions, with many perceiving that extrajudicial
factors, such as political affiliation or economic status,
played a role in shaping legal outcomes. This
perception of partiality erodes the foundation of trust
that is essential for the legitimacy of the judiciary.
Despite these challenges, the findings also highlight
areas of potential improvement. Participants expressed
a desire for legal reforms that would prioritize
transparency, reduce delays, and combat corruption.
There is widespread support for initiatives aimed at
improving accountability within the judiciary, such as
the use of technology to streamline legal proceedings
and greater public oversight of court decisions.
CONCLUSION
This study provides a comprehensive examination of
public trust in the Brazilian legal system, highlighting
key factors that contribute to both trust and distrust.
The results suggest that while there are pockets of
positive experiences with the judiciary, the majority of
Brazilians have concerns about the fairness,
transparency, and efficiency of the court system.
Corruption,
inefficiency,
access
barriers,
and
perceptions of inequality are central issues that need to
be addressed in order to restore public confidence.
For policymakers, the findings underscore the urgent
need for judicial reforms aimed at increasing
transparency, reducing corruption, and improving the
accessibility of legal services for all citizens, particularly
those from marginalized communities. Ensuring that
the legal system is seen as impartial, efficient, and
responsive to the needs of the public is essential for
strengthening the rule of law in Brazil.
The study also suggests that regional disparities in the
quality of legal services and the speed of judicial
processes must be addressed. The legal system must be
made more accessible to those in rural areas and
economically disadvantaged communities, where
access to justice is often limited.
Ultimately, restoring public trust in the Brazilian legal
system requires a multifaceted approach that includes
both institutional reforms and a broader cultural shift
toward transparency, accountability, and fairness. By
addressing the concerns raised by the participants in
this study, Brazil can take significant steps toward
building a more just and equitable society, one in which
the legal system is trusted by all citizens to uphold their
rights and deliver justice fairly.
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