On the collateral consequences of fine default: The Brazilian case study

Abstract

The collateral consequences of the non-payment of fines have merited much attention in jurisdictions such as the USA or Australia, yet they are relatively unexplored in countries of the Global South. In this article, we analyse Brazil as a case study. Although Brazil has the third largest prison population in the world, its criminal justice system has received little attention. We intend to fill this gap by addressing the legal framework and practices surrounding the non-payment of fines in a country whose draconian policies cause social exclusion and impede rehabilitation.