IRRATIONALITY OF THE PUBLIC AGENT AND THEORY OF THE BEHAVIORAL PUBLIC CHOICE: NOTES ON AN ELEPHANT IN THE ROOM/IRRACIONALIDADE DO AGENTE PUBLICO E TEORIA DA ESCOLHA PUBLICA COMPORTAMENTAL: NOTAS SOBRE UM ELEFANTE NA SALA

The theory of behavioral public choice is the applied study of behavioral economics to political science; in other words, its object of analysis is the irrationality of public agents. In other words, using the extension of the ideas of behavioral economics to the political field, theorists show that irrational behavior is an important source of government failure. This article seeks to contribute to the legal literature in that it seeks to systematically understand the results of public behavioral choices, analyzing their implications for law and legal institutions. To this end, we discuss biases and heuristics that lead political actors to support and adopt normative acts, as well as proposals that minimize the effects of irrationality in public policies.