Content deleted Content added
No edit summary |
|||
(42 intermediate revisions by 31 users not shown) | |||
Line 1:
{{Short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
{{Politics of Brazil}}
The '''law of
There are many codified statutes in force in Brazil. The current [[Constitution of Brazil|Federal Constitution]], created on October
==Division of powers==
Brazil's laws are run by the executive, judiciary and legislative branches. In these branches, the [[President of Brazil]] is in charge of the executive branch. The judiciary branch is made up of the [[Superior Court of Justice (Brazil)|Superior Court of Justice]] and the [[Supreme Federal Court]]. Brazil's legislative branch encompasses the [[National Congress of Brazil]].<ref>[http://www.oas.org/juridico/mla/en/bra/en_bra-int-des-ordrjur.html Legal system of Brazil]</ref>
== Constitution and law ==
[[File:Brasilia PalaciodaJustica1.jpg|thumb|right|Palace of Justice in [[Brasília]]
[[Brazil]]ian law is largely derived from [[Law of Portugal|Portuguese civil law]] and is related to the [[Roman law|Roman]]-[[German law|Germanic]] legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the ''[[stare decisis]]'', called ''súmula vinculante.'' Nevertheless, according to article 103-A of the [[Constitution of Brazil|Brazilian Constitution]], only the Supreme Court is allowed to publish binding rules.<ref>{{cite web|title=Brazil 1988 (rev. 2014)|url=https://www.constituteproject.org/constitution/Brazil_2014?lang=en|website=Constitute|
In more recent times, according to the judiciary structure framed in the Brazilian Constitution, judicial power is divided between the judicial
== Law and lawyers ==
[[File:Tribunal de Justiça de São Paulo 03, Praça da Sé.JPG|thumb|right|Court of Justice in [[São Paulo]]
In 2007, there were 1,024 [[Law]] school programs in Brazil, with 197,664 law [[student]]s. Law schools are present in each of the [[States of Brazil]].<ref>[http://g1.globo.com/Noticias/Vestibular/0,,MUL3813-5604,00-OAB+PREVE+MIL+CURSOS+DE+DIREITO+EM.html Number of Law schools in Brazil
The overall [[median income]] of the Brazilian lawyer was R$36,120 per year in 2007. The starting median income was R$20,040, and the top median was R$3,000,000. The Brazilian [[judge]] had an overall [[median income]] of R$170,000. The starting median income was R$150,500, and the top median was R$310,500. The Brazilian [[prosecutor]]s had an overall [[median income]] of R$150,000. The starting median income was R$140,000, and the top median was R$270,000 per year.<ref>[http://veja.abril.com.br/111109/popup_remuneracao.html Median income in Brazil] {{webarchive|url=https://web.archive.org/web/20091110120653/http://veja.abril.com.br/111109/popup_remuneracao.html |date=2009-11-10 }}{{verification failed|date=October 2021}}</ref> Nowadays, Brazilian judges and prosecutors, in almost all states, earn the same, and, in some states, prosecutors have a higher income.
==State-level judiciary==
[[File:Recife-TribunalJustica.jpg|thumb|right|Court of Justice in [[Recife]]
===Trial courts===
Each state territory is divided into judicial districts named ''comarcas'', which are composed of one or more [[Municipalities of Brazil|municipalities]]. The 27 Courts of Justice have their headquarters in the capital of each [[States of Brazil|
===
The highest court of a state judicial system is its court of second instance, the Courts of Justice. In each Brazilian
Second instance judgments are usually made by three [[judge]]s, called ''desembargadores.'' These Courts are divided into civil chambers, which judge civil cases, and criminal chambers. Judges of the Courts of [[Justice]] overview one another. A [[Court]] can expel any judge who has displayed unethical behavior.
==Federal-level judicial branch==
[[File:Brazilian Supreme Federal Tribunal.jpg|thumb|right|[[Supremo Tribunal Federal|Supreme Federal Court of Brazil]]
{{Main|Brazil federal courts}}
*The ''Regional Federal Court of the 1st Region'' has jurisdiction over the [[Federal District (Brazil)|Federal District]] and 13 States: [[Minas Gerais]], [[Bahia]], [[Piauí]], [[Maranhão]], [[Goiás]], [[Mato Grosso]], [[Amapá]], [[Tocantins]], [[Pará]], [[Amazonas (Brazilian state)|Amazonas]], [[Roraima]], [[Rondônia]] and [[Acre (state)|Acre]], with headquarters in [[Brasília]], Federal District.
*The ''Regional Federal Court of the 2nd Region'' has jurisdiction over two States: [[Rio de Janeiro (state)|Rio de Janeiro]] and [[Espírito Santo]], with headquarters in [[Rio de Janeiro]], Rio de Janeiro.
Line 53 ⟶ 45:
===Superior courts===
[[File:STJ visto do TST 02.jpg|thumb|right|[[Superior Court of Justice (Brazil)|Superior Court of Justice of Brazil]]
There are two national superior courts making up the Supreme Court, which grant [[writs]] of [[certiorari]] in civil and criminal cases: the [[Superior Court of Justice (Brazil)|Superior Court of Justice]] (''Superior Tribunal de Justiça'' in Portuguese) or STJ and the [[Supreme Federal Court (Brazil)|Supreme Federal Court]] (''Supremo Tribunal Federal'' in Portuguese) or STF, the highest Brazilian court (decides issues concerning offences to the [[Brazilian Constitution]]).
Line 63 ⟶ 55:
==See also==
* [[Judiciary of Brazil]]
* [[Order of Attorneys of Brazil]]
* [[Crime in Brazil]]
==External links==▼
*[http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao_Compilado.htm Brazilian Constitution in Portuguese]▼
*[http://www.pontuacaodetran.com.br/codigo-transito-brasileiro.html Brazilian Traffic Code]▼
*[http://www25.senado.leg.br/web/atividade/legislacao Official legislation search engine for Brazilian law]▼
*[https://www.global-regulation.com/search-country/Brazil.html Unofficial translations of Brazilian law in English]▼
== References ==
*Edwin Montefiore Borchard. Guide to the law and legal literature of Argentina, Brazil and Chile. Law Library of Congress. Government Printing Office. Washington. 1917. [https://archive.org/details/germanyguidetola00borcuoft Internet Archive]
{{Reflist}}
▲==External links==
▲* [
* [https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf Brazilian Constitution in English]
* [https://www.stf.jus.br/arquivo/cms/publicacaoCatalogoProdutoConteudoTextual/anexo/CF_espanhol_digital.pdf Brazilian Constitution in Spanish]
▲* [https://web.archive.org/web/20120426050604/http://www.pontuacaodetran.com.br/codigo-transito-brasileiro.html Brazilian Traffic Code]
▲* [http://www25.senado.leg.br/web/atividade/legislacao Official legislation search engine for Brazilian law]
▲* [https://www.global-regulation.com/search-country/Brazil.html Unofficial translations of Brazilian law in English]
{{Brazil topics}}
Line 81 ⟶ 75:
{{Law enforcement in Brazil}}
{{South America in topic|Law of}}
{{Authority control}}
[[Category:
[[Category:Law in South America]]
|