Jurimetria aplicada ao direito societário: um estudo estatístico da dissolução de sociedade no Brasil

Abstract

This thesis introduces a new social science, jurimetrics. Jurimetrics is a science that applies statistical methods to investigate the operation of a legal system. Jurimetrics objective is to study the reality of Law, observing the operation of legal decision-making institutions and of sentences, awards, contracts and other populations of individual norms made by the system on a day-by-day basis. Instead of speculating about an abstract theory of Law, Jurimetrics investigates how Law affects the life of the people and allows us to understand a little more about how our legal system actually operates. As an example of a jurimetrics effort, a research on partnerships' dissolution proceedings before the Brazilian State Courts from 1997 until 2011 is discussed. The research identified that partnership dissolution is closely related to an internal political crisis, in which two or more partners disagree on how the partnership should be administrated. The research has also demonstrated that the appraisal remedy and the exclusion of partners on unfair prejudice grounds are being wrongly applied by courts and that the federal legislation should consider a solution based either on auctions or on "shotgun clauses"