Lei de Introdução às Normas do Direito Brasileiro (LINDB)
The Lei de Introdução às Normas do Direito Brasileiro (LINDB), originally enacted as Law No. 4,657 of 1942, sets out the foundational rules for the application of Brazilian law. Formerly known as the Introduction to the Civil Code (Decree-Law 4,657/1942), it was renamed by Law No. 12,376 of 2010 to reflect its broader scope. The LINDB addresses the temporal and spatial application of legal norms, conflict of laws between jurisdictions, and interpretation principles for Brazilian legislation. It also includes rules on good faith, proportionality, and reasonableness in the exercise of public powers.
Legal area: Legal concepts and introductory law governs the fundamental principles and rules for the application of legal norms across a jurisdiction.
Year enacted: 1942
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L4657.htm
Key Provisions
- Art. 1: Non-retroactivity of law except when expressly provided
- Art. 2: Temporal application of law (lex retro non agit)
- Art. 3: Spatial application of law (territorial jurisdiction)
- Art. 9: Conflict of laws and applicable law to facts in Brazil
- Art. 12: Jurisdiction of Brazilian courts over foreign law matters
- Art. 14: Interpretation of legal norms (good faith, purpose, social function)
- Art. 20: Security of legal certainty and legitimate expectations
- Art. 23: Duty of reasoning in administrative and judicial decisions
Significance
The LINDB is essential for understanding how Brazilian law operates, providing the meta-rules that govern the application of all other statutes. Its principles of legal certainty, good faith in public administration, and proportionality have been adopted by the STF as fundamental constraints on government action. The LINDB is frequently cited in administrative litigation and constitutional review, forming part of the basic framework for rule of law in Brazil.