Law of Brazil: Difference between revisions

The '''law of [[Brazil]]''' is based on statutes and, partly and more recently, a mechanism called ''súmulasúmulas vinculantevinculantes''. It derives mainly from the European [[civil law (legal system)|civil law]] systems of European countries, particularly the [[Law of Portugal|PortugalPortuguese]], the [[Napoleonic Code|Napoleonic French]] and the [[AncientLaw Germanicof lawGermany|GermanicGerman]] law(especially the [[Bürgerliches Gesetzbuch|German Civil Code]]).

There are many codified statutes in force in Brazil. The current [[Constitution of Brazil|Federal Constitution]], created on October 215, 1988, is the supreme law of the country. This Constitution has been [[constitutional amendment|amended]] many times. Other important federal law documents in the country include the [[Brazilian Civil Code|Civil Code]], the [[Penal Code of Brazil|Penal Code]], the Commercial Code, the National TributaryTax Code, the [[Consolidation of Labor Laws]], the CostumerCustomer Defense Code, the CivilCode Suitof CodeCivil Procedure, and the CriminalCode Suitof CodeCriminal Procedure.

[[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|accessdateaccess-date=9 April 2015}}</ref> Inferior [[judge]]s and courts, and the public administration, are hence obliged to obey the interpretations of the Supreme Court.

In more recent times, according to the judiciary structure framed in the Brazilian Constitution, judicial power is divided between the judicial branchbranches of the states <!-- do they each have their own? --> and the Federal judicial branch, and they have different [[jurisdiction]]s. The prerogatives and duties of judges are the same, however, and the differences beinglie only in the competencescompetencies, structurestructures and compositioncompositions of the Courts.

[[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]</ref> In the [[United States]] the number of law schools were only 180. The U.S. State of [[Alaska]] does not have a law school.<ref>[http://jus2.uol.com.br/doutrina/texto.asp?id=10274 Number of Law schools in the United States]</ref> In 2010, the total of [[lawyer]]s in Brazil were 621,885. The [[State of São Paulo]] had the largest number, 222,807 lawyers, one third of all working lawyers in the country. The State of [[Rio de Janeiro (state)|Rio de Janeiro]] had 112,515 lawyers, and the State of [[Minas Gerais]] had 63,978 lawyers.<ref>[http://www.oab.org.br/relatorioAdvOAB.asp Total - Lawyers in Brazil by State - Bar Association of Brazil]</ref>

TheStudents Coursestudying of Law is one of the most prestigious and promisinglaw in the country. With a durationBrazil oftake five years andto atcomplete thetheir endeducation of the course the student becomesat a [[graduation|graduate]],law can not yet exercise the [[professionschool]]. WhileUpon studyingcompleting intheir a [[law school]]studies, the student will have all the knowledgethey neededneed to pursue the many professions related to law school, but must first pass thean examination<ref>[https://oliveiralawyers.com/about-brazil/lawyering-brazil/bar-examination/exam About the Bar Examination in Brazil]</ref>held ofby the [[Ordem dos Advogados do Brasil|Bar Association of Brazil]] (''Ordem dos Advogados do Brasil'' in Portuguese).<ref>[http://www.mundovestibular.com.br/articles/6531/1/Curso-de-Direito/Paacutegina1.html About the course of law in Brazil]</ref>

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.

[[File:Recife-TribunalJustica.jpg|thumb|right|Court of Justice in [[Recife]].]]

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|Statestate]] and have jurisdiction only over their State territories. The [[Federal District (Brazil)|Federal District]] only presents the federal-level judicial branch. Each comarca has at least one trial court, a [[court of first instance]]. Each court of first instance has a law judge and a substitute judge. The judge decides alone in all civil cases and in most criminal cases. Only intentional crimes against life are judged by [[jury]]. The judges of the courts are nominated after a selection process. There are specialized courts of first instance for [[family litigation]] or [[bankruptcy]] in some ''comarcas''. Judgments from these district courts can be the subject of [[judicial review]] following appeals to the courts of second instance.

===JusticeCourts tribunalsof Justice===

The highest court of a state judicial system is its court of second instance, the Courts of Justice. In each Brazilian Statestate there is one Court of Justice (''Tribunal de Justiça'' in Portuguese). Courts of Justice are courts of appeal, meaning they can review any decisions taken by the trial courts, and have the final word on decisions at state level, though their decisions may be overturned by the federal courts. Some states, such as [[São Paulo (state)|São Paulo]] and [[Minas Gerais]], used to have a [[Court of Appeals]] (''Tribunal de Alçada'' in Portuguese) which had different jurisdiction. But the 45th [[Constitutional Amendment]] to the [[Brazilian Constitution]],<ref>[https://www.planalto.gov.br/ccivil_03/Constituicao/Emendas/Emc/emc45.htm 45th Constitutional Amendment text]</ref> in its article four, decreed their extinction in order to simplify the second instance structure.

[[File:Brazilian Supreme Federal Tribunal.jpg|thumb|right|[[Supremo Tribunal Federal|Supreme Federal Court of Brazil]].]]

RegionalThe five regional Federal Courts (in number of 5) have jurisdiction over circuits of several states and tend to be headquartered in the largest city of their territory. The regional courts are:

[[File:STJ visto do TST 02.jpg|thumb|right|[[Superior Court of Justice (Brazil)|Superior Court of Justice of Brazil]].]]

* [[Judiciary of Brazil]]

* [[Order of Attorneys of Brazil]]

* [[Crime in Brazil]]

[[Category:BrazilianLaw lawof Brazil| ]]