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| Law of Brazil | |
|---|---|
| Name | Law of Brazil |
| Jurisdiction | Federative Republic of Brazil |
| System | Civil law; codified; civil law tradition |
| Constitution | Constitution of Brazil (1988) |
| Courts | Supreme Federal Court; Superior Court of Justice |
| Legislature | National Congress |
| Executive | President of Brazil |
| Citation | Brazilian codes and statutes |
Law of Brazil
The legal framework of Brazil is a codified civil law system shaped by the Constitution of Brazil (1988), influenced by Portuguese law, Napoleonic Code, German law, Roman law and comparative experience with United States Constitution jurisprudence. Brazil’s statutes, codes, constitutions and judicial precedents interact with institutions such as the National Congress, the Presidency of Brazil, the Supreme Federal Court, the Superior Court of Justice and state-level assemblies to regulate rights, obligations and public administration. Prominent legal figures and jurists including Rui Barbosa, Pontes de Miranda, Gilmar Mendes, Toffoli, Celso de Mello and scholars from the Getúlio Vargas Foundation have shaped doctrinal debates and interpretive doctrines.
Brazilian legal development traces from Colonial Brazil under the Kingdom of Portugal and the Portuguese Constitution of 1822 to the imperial period following the Declaration of Independence of Brazil (1822), with major reforms during the Proclamation of the Republic (1889), the Constitution of 1891, the Vargas Era, the Constitution of 1934, the Estado Novo, the Constitution of 1946, the Military regime (1964–1985), and the redemocratization culminating in the Constituent Assembly (1987–1988) that produced the 1988 charter. Key legal milestones include the promulgation of the Civil Code of 1916, the Civil Code of 2002, the Penal Code of 1940, the ECA (Statute of the Child and Adolescent), and the series of constitutional amendments responding to crises such as the Impeachment of Fernando Collor de Mello, the Impeachment of Dilma Rousseff, and reforms after the Mensalão scandal and the Operation Car Wash investigations.
Primary sources include the Constitution of Brazil (1988), federal and state statutes enacted by the National Congress and state legislatures, codes such as the Brazilian Civil Code (2002), the Penal Code (1940), the Civil Procedure Code (1973; 2015 reform), and regulatory instruments issued by bodies like the National Monetary Council, the Central Bank of Brazil, the National Health Surveillance Agency (ANVISA), and the National Petroleum Agency (ANP). International treaties ratified pursuant to the Constitution and decisions of the Supreme Federal Court exert force through mechanisms including stare decisis-like effects in RE 631240 jurisprudence and plenary decisions by the Superior Court of Justice. Administrative acts from ministries such as the Ministry of Justice and Public Security, the Ministry of Economy, and the Ministry of Education also shape regulatory practice.
The Constitution of Brazil (1988) establishes a federative republic allocating competencies among the Union (Brazil), States of Brazil, Federal District (Brazil), and Municipalities of Brazil. Constitutional design protects social rights articulated with instruments such as the Public Defender's Office (Defensoria Pública), the Attorney General of the Union (AGU), and the Public Ministry (Ministério Público), and provides mechanisms like direct action of unconstitutionality and writ of mandamus adjudicated by the Supreme Federal Court. Fiscal federalism operates through allocation rules involving the National Treasury (Brazil), fiscal transfer regimes, and litigation exemplified by disputes over ICMS and IPI taxation settled by higher courts.
Civil law in Brazil rests on the Brazilian Civil Code (2002) and associated doctrines developed by jurists such as Orlando Gomes and Pontes de Miranda. Family law, succession, contract, property and tort regimes are defined in codes and regulated by agencies like the Attorney General of the State and courts including the Superior Court of Justice. Commercial law interacts with statutes such as the Brazilian Corporate Law (Law of Corporations), the Consumer Protection Code (CDC), and financial regulation enforced by the Central Bank of Brazil and the Securities and Exchange Commission of Brazil (CVM). Key commercial instruments include Lei das S.A. corporate rules, insolvency proceedings under the Bankruptcy Law (2005), and consumer litigation involving entities like Procon and class actions heard in federal and state courts.
The substantive criminal framework is anchored in the Penal Code (1940) and specialized statutes addressing crimes such as corruption under the Clean Company Act, organized crime statutes, and narcotics offenses administered with cooperation from agencies like the Federal Police (Brazil), the Public Ministry (Ministério Público), and state police forces such as the São Paulo Military Police. Criminal procedure follows the Code of Criminal Procedure, reformed by measures including plea bargaining and the 2012 procedural updates, while constitutional protections are litigated before the Supreme Federal Court and appellate tribunals. High-profile prosecutions in Operation Car Wash and rulings in cases prosecuted by figures like Sérgio Moro and reviewed by justices such as Luiz Fux have prompted debates on pretrial detention, habeas corpus and judicial impartiality.
Administrative law governs public administration activities guided by the Administrative Procedure Law, the Public Procurement Law (Licitações), and the Administrative Improbity Law (Law of Administrative Improbity). Regulatory agencies including ANVISA, ANATEL, ANEEL, ANP, and CADE shape sectors from telecommunications to energy and competition through rulemaking and adjudication. Transparency instruments including the Access to Information Law (Lei de Acesso à Informação) and oversight bodies like the Federal Court of Accounts (TCU) and the Controladoria-Geral da União (CGU) enforce accountability, while privatization, concessions and public-private partnerships are governed by sectoral statutes and judicial review.
Brazil’s judiciary comprises the Supreme Federal Court, the Superior Court of Justice, federal regional courts, state courts, labor courts such as the Superior Labor Court, electoral courts including the Superior Electoral Court, and military courts. The legal profession is regulated by the Order of Attorneys of Brazil (Ordem dos Advogados do Brasil, OAB), which administers the bar examination and professional discipline. Career judges enter through public examinations and are organized in panels such as the Constitutional and Administrative Law Chambers of higher courts; legal education occurs at institutions like the University of São Paulo Faculty of Law (USP), the Pontifical Catholic University of Rio de Janeiro (PUC-Rio), and the Federal University of Rio de Janeiro (UFRJ). Litigation practice features civil procedure reforms, class action mechanisms, and constitutional writs shaping jurisprudence across cases like RE 466.343 and administrative review arising from agencies and ombudsmen.
Category:Law by country Category:Brazilian law