Glossary on ExcellentWiki - Legal Encyclopedia

Key Constitutional Terms in Brazilian Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key constitutional terms and procedural mechanisms in Brazilian law. These terms are essential for understanding the functioning of the constitutional review system and the operation of the Supreme Federal Court (STF).

Ação Direta de Inconstitucionalidade (ADI)

ADI (Direct Action of Unconstitutionality) is the primary instrument for abstract constitutional review before the STF. It challenges a federal or state law or normative act directly before the STF, without requiring a concrete case. The STF’s decision has erga omnes and binding effects. See Abstract Constitutional Review for detailed analysis.

Contract Terms in Brazilian Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms in Brazilian contract law, particularly those introduced or developed by the Civil Code of 2002. These concepts reflect the Code’s commitment to contractual balance, good faith, and social justice.

Boa-fé Objetiva

Objective good faith (boa-fé objetiva, Article 422, Civil Code) is a principle requiring the parties to act honestly, loyally, and cooperatively throughout the contractual relationship. It imposes ancillary duties (deveres anexos): (i) information; (ii) loyalty; (iii) care; (iv) protection; and (v) clarity. Violation of objective good faith may give rise to pre-contractual, contractual, or post-contractual liability.

Civil Procedure Terms in Brazilian Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms in Brazilian civil procedure, primarily under the Civil Procedure Code of 2015 (CPC/2015). The CPC/2015 modernized Brazilian procedural law, introducing mechanisms for precedent, faster proceedings, and enhanced judicial case management.

Coisa Julgada

Res judicata (coisa julgada, Articles 502-508, CPC/2015) is the final, unappealable judicial decision that cannot be modified by subsequent litigation between the same parties on the same cause of action. Res judicata covers both the operative part (dispositivo) and the reasoning (motivação), though only the operative part is covered by preclusive effects. Res judicata may be challenged through nullity action (ação rescisória) within two years (Article 966, CPC/2015).

Criminal Law Terms in Brazilian Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms in Brazilian criminal law and procedure. These concepts are essential for understanding the Penal Code of 1940, the Criminal Procedure Code, and the constitutional principles governing criminal justice.

Tipo Penal

Criminal type (tipo penal) is the abstract description of prohibited conduct in a criminal statute. The tipo contains objective elements (conduct, result, causation) and subjective elements (intent or negligence). Typicity (tipicidade) is the correspondence between the actual conduct and the abstract description. The principle of legality requires that the tipo be clearly defined by prior written law.

Property Law Terms in Brazil

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms in Brazilian property law. These concepts are essential for understanding the Civil Code of 2002’s regulation of possession, ownership, and real rights in property.

Usucapião

Adverse possession (usucapião) is the acquisition of ownership through continuous, peaceful, and unchallenged possession for a statutory period. The Constitution and Civil Code recognize several forms:

Ordinary usucapião: 10 years (movables: 3 years) with just title and good faith
Extraordinary usucapião: 15 years (5 years with residence or productive improvements)
Special urban usucapião (Constitution, Article 183): 5 years for urban property up to 250 m²
Special rural usucapião (Constitution, Article 191): 5 years for rural property up to 50 hectares
Family usucapião (Civil Code, Article 1,240-A): 2 years for the spouse abandoned in the marital home

Posse

Possession (posse, Article 1,196, Civil Code) is the exercise, in full or in part, of the powers inherent to ownership. Brazilian law adopts elements of both Savigny’s subjective theory (possession requires animus domini) and Ihering’s objective theory (possession is the external manifestation of ownership). The 2002 Code favors Ihering’s approach.

Tort Terms in Brazilian Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms in Brazilian tort law (responsabilidade civil), governing compensation for damages caused by wrongful conduct or dangerous activities. The Civil Code of 2002 provides the general framework, supplemented by the Consumer Protection Code and other special legislation.

Ato Ilícito

Unlawful act (ato ilícito, Article 186, Civil Code) is a voluntary act or omission that: (i) violates a right; (ii) causes damage to another; and (iii) is committed with fault (intent or negligence). Article 188 excludes unlawfulness for acts in: self-defense, regular exercise of a right, and removal of danger.