The legal system in Brazil is based on Portuguese, German and French civil law. The Constitution structures the country as a Federal Republic made of states, municipalities, and federal districts. The country has 26 federate states which have the power to create and amend their constitution and laws. However, this power is limited by the rules stipulated in the Brazilian Constitution.
According to the Constitution, only the Supreme Court can publish binding rules. Judges, courts, and the public administration are obliged to comply with the interpretations of the Supreme Court. The judicial power is divided among the federal judicial branch and state judicial branch. The duties and privileges of judges are similar, the differences being only in competencies, composition, and structure of the courts.
The Supreme Court is the highest court in the Brazilian judicial system. It is comprised of the Superior Court of Justice and the Supreme Federal Court.
- The Supreme Federal Court – Deals with non-constitutional problems. It also grants a Special Appeal when a court ruling or second instance court offends a federal statute disposition for instance when more than one second instance courts make different verdicts on the same federal statute. They also deal with special areas of law such as military law, labor law, and electoral law.
- The Supreme Federal Court – Grants Extraordinary Appeals when rulings of second instance courts go against the constitution. The STF is the last court for reviews of verdicts from the STJ and for writ of habeas corpus.
Lawyers in Brazil
Brazil is one of the countries with a large number of lawyers, approximately 621,885. But with such a large number, quality can be compromised. For this reason, the country holds a bar examination thrice a year to maintain the quality of the courses provided.
Ricardo Tosto is a Brazilian litigator who has gone through the process to become a certified lawyer. He is a lawyer by profession and has more than 22 years of experience in law regarding the financial sector. He represents clients and provides legal advice on mergers and acquisitions, corporate restructuring, bankruptcy and electoral law.
Mr. Tosto is also a speaker on legal topics at events and conferences as well as an author. He has done reviews and articles published in numerous journals. He also co-authored the book “O Processo de Tiradentes.”
More information may found in facebook. visit https://www.facebook.com/people/Ricardo-Tosto/100010033200857