Brazil
All articles tagged with jurisdiction: brazil
Abstract Constitutional Review in Brazil
Introduction Abstract constitutional review (controle abstrato de constitucionalidade) in Brazil is exercised by the Supreme Federal Court (STF) through a set of direct actions (ações diretas) that …
ADI 4277 — Same-Sex Marriage
Introduction ADI 4.277 (Ação Direta de Inconstitucionalidade 4.277), decided jointly with ADPF 132 on May 5, 2011, is the landmark decision in which the Supreme Federal Court (STF) recognized same-sex …
Administrative Law in Brazil
Introduction Administrative law in Brazil (Direito Administrativo) governs the organization, powers, and duties of public administration entities and their relationship with private individuals. …
ADPF 130 — Press Law Unconstitutionality
Introduction ADPF 130 (Arguição de Descumprimento de Preceito Fundamental 130), decided by the Supreme Federal Court (STF) on April 30, 2009, is one of the most important decisions on freedom of …
ADPF 54 — Abortion of Anencephalic Fetuses
Introduction ADPF 54 (Arguição de Descumprimento de Preceito Fundamental 54) is a landmark decision of the Supreme Federal Court (STF) that decriminalized the termination of pregnancy in cases of …
AI Law in Brazil
Introduction Artificial intelligence law in Brazil is an emerging field that draws upon existing legal frameworks — particularly the Marco Civil da Internet (Law 12.965/2014), the General Data …
Antitrust Law in Brazil
Introduction Antitrust law in Brazil (Direito Concorrencial or Direito Antitruste) is primarily governed by Law 12.529/2011, which established the current Brazilian competition law system. The law …
Appeals System in Brazilian Law
Introduction The appeals system in Brazil is a multi-tiered structure allowing parties to challenge judicial decisions through various procedural remedies. Governed primarily by the Civil Procedure …
Arbitration in Brazil
Introduction Arbitration in Brazil (arbitragem) is regulated by Law 9.307/1996 (the Brazilian Arbitration Act), which established the modern legal framework for domestic and international arbitration. …
Arbitration Procedure in Brazil
Introduction Arbitration procedure in Brazil is governed by Law 9.307/1996 (the Brazilian Arbitration Act), as amended by Law 13.129/2015. The Act provides a flexible framework for both institutional …
Banking Law in Brazil
Introduction Banking law in Brazil (Direito Bancário or Direito Financeiro) governs the structure, operation, and supervision of the Brazilian financial system. The framework is centered on the …
Brazilian Bar Association (OAB)
Introduction The Brazilian Bar Association (Ordem dos Advogados do Brasil, OAB) is the regulatory body for the legal profession in Brazil. Unlike bar associations in many common law countries, the OAB …
Brazilian Civil Code of 2002
Introduction The Brazilian Civil Code (Código Civil, Law 10.406/2002) is the primary codification of private law in Brazil, replacing the 1916 Civil Code. Enacted after 27 years of drafting and …
Brazilian Consumer Protection Code of 1990
Introduction The Consumer Protection Code (Código de Defesa do Consumidor, CDC, Law 8.078/1990) is one of the most advanced consumer protection laws in the world. Enacted pursuant to Article 5, XXXII …
Brazilian Federalism and Division of Powers
Introduction Brazilian federalism is a foundational principle of the 1988 Federal Constitution (Article 1). Brazil is organized as a federal republic (República Federativa do Brasil) composed of the …
Brazilian Penal Code of 1940
Introduction The Brazilian Penal Code (Código Penal, Decree-Law 2.848/1940) is the primary codification of criminal law in Brazil. Enacted on December 7, 1940, and effective from January 1, 1942, it …
Civil Procedure Code 2015 (CPC/2015)
Introduction The Civil Procedure Code of 2015 (CPC/2015, Law 13.105/2015) replaced the 1973 CPC and represents the most comprehensive reform of Brazilian civil procedure in decades. The CPC/2015 …
Civil Procedure Terms in Brazilian Law
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 …
Class Actions in Brazil
Introduction Class actions in Brazil (ações coletivas) provide a mechanism for collective enforcement of rights, allowing litigation of claims affecting multiple individuals or the entire community. …
Colonial Period of Brazilian Legal History
Introduction The colonial period (1500-1822) laid the foundations of Brazilian law. As a Portuguese colony, Brazil received the legal system of the metropole, including the Portuguese Ordinances, …
Constitutional Amendment Process in Brazil
Introduction The constitutional amendment process in Brazil is governed by Article 60 of the 1988 Federal Constitution. Brazil has a rigid constitution (constituição rígida), meaning constitutional …
Constitutional Emergency Powers in Brazil
Introduction The 1988 Federal Constitution establishes a framework for emergency powers that allows the state to temporarily restrict certain rights and freedoms in response to serious threats to …
Contract Law in Brazil
Introduction Contract law in Brazil (Direito Contratual) is codified primarily in the Brazilian Civil Code of 2002 (Law 10.406/2002), which replaced the 1916 Civil Code and introduced transformative …
Contract Terms in Brazilian Law
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 …
Corporate Law in Brazil
Introduction Corporate law in Brazil (Direito Societário or Direito Empresarial) is primarily governed by Law 6.404/1976 (the Corporations Law or Lei das S.A.), which regulates publicly traded …
Courts and Judiciary in Brazil
Introduction The Brazilian judiciary (Poder Judiciário) is an independent branch of government organized at both federal and state levels. The 1988 Federal Constitution established a comprehensive …
Criminal Law in Brazil
Introduction Criminal law in Brazil (Direito Penal) is codified primarily in the Penal Code of 1940 (Decree-Law 2.848/1940) and supplemented by numerous special criminal laws. The 1988 Federal …
Criminal Law Terms in Brazilian Law
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 …
Criminal Procedure in Brazil
Introduction Criminal procedure in Brazil is governed primarily by the Criminal Procedure Code (CPP, Decree-Law 3.689/1941), which reflects an inquisitorial heritage that has been progressively …
Cyber Law in Brazil
Introduction Cyber law in Brazil (Direito Digital or Direito Cibernético) is anchored by the Marco Civil da Internet (Law 12.965/2014), often described as the “Internet Constitution” or …
Democratic Transition and the 1988 Constitution
Introduction The democratic transition (1974-1988) and the enactment of the 1988 Federal Constitution represent the most transformative period in Brazilian legal history. The transition from the …
Empire Period of Brazilian Legal History
Introduction The Empire period (1822-1889) was a formative era for Brazilian law. Independence from Portugal in 1822 led to the creation of the first Brazilian legal institutions, including the 1824 …
Energy Law in Brazil
Introduction Energy law in Brazil (Direito da Energia) governs the complex legal framework for energy production, transmission, distribution, and consumption. Brazil possesses one of the world’s …
Environmental Law in Brazil
Introduction Environmental law in Brazil (Direito Ambiental) is among the most developed in the developing world, reflecting the country’s unique position as home to the Amazon rainforest, the …
Evidence in Brazilian Law
Introduction Evidence law in Brazil (Direito Probatório) governs the production, admission, and evaluation of evidence in judicial proceedings. The primary framework is established in the Civil …
Executive Power in Brazil
Introduction The Executive Power (Poder Executivo) in Brazil is exercised by the President of the Republic, assisted by the ministers of state. The 1988 Constitution establishes a presidential system …
Family Law in Brazil
Introduction Family law in Brazil (Direito de Família) is primarily governed by the Brazilian Civil Code of 2002 (Articles 1,511-1,783) and the Federal Constitution of 1988, which revolutionized the …
Fundamental Guarantees and Writs in Brazilian Law
Introduction The 1988 Federal Constitution establishes a comprehensive system of constitutional writs (remédios constitucionais) — specific judicial remedies designed to protect fundamental rights. …
Fundamental Rights in Brazilian Law
Introduction Fundamental rights (direitos fundamentais) are the cornerstone of the 1988 Federal Constitution, which contains one of the most comprehensive catalogs of rights in comparative …
General Data Protection Law of 2018 (LGPD)
Introduction The General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, LGPD, Law 13.709/2018) is Brazil’s comprehensive data protection framework. Approved on August 14, 2018, …
HC 124306 — Unconstitutionality of Automatic Pre-Trial Detention
Introduction HC 124.306 (Habeas Corpus 124.306) is a landmark decision of the Supreme Federal Court (STF) regarding the scope of the presumption of innocence (presunção de inocência) and the …
HC 143641 — House Arrest for Pregnant Women
Introduction HC 143.641 (Habeas Corpus 143.641) is a landmark decision of the Supreme Federal Court (STF) recognizing the right of pregnant women and mothers of young children to house arrest (prisão …
Human Dignity as a Constitutional Foundation
Introduction Human dignity (dignidade da pessoa humana) is the foundational principle of the 1988 Federal Constitution. Article 1, III establishes it as one of the fundamental foundations of the …
Human Rights in Brazil
Introduction Human rights in Brazil (Direitos Humanos) are anchored in the Federal Constitution of 1988, which contains one of the most comprehensive catalogs of fundamental rights in the world. The …
Immigration Law in Brazil
Introduction Immigration law in Brazil (Direito Migratório) is primarily governed by the Migration Law (Law 13.445/2017), which replaced the repressive Foreigner Statute (Law 6.815/1980) enacted …
Insolvency Law in Brazil
Introduction Insolvency law in Brazil (Direito Falimentar or Direito Recuperacional) is governed by Law 11.101/2005 (the Bankruptcy and Judicial Reorganization Law), which replaced the outdated …
Intellectual Property in Brazil
Introduction Intellectual property law in Brazil (Direito da Propriedade Intelectual) encompasses industrial property (patents, trademarks, industrial designs), copyright, software protection, and …
International Criminal Law in Brazil
Introduction International criminal law in Brazil (Direito Penal Internacional) concerns the domestic implementation of international crimes, cooperation with international criminal tribunals, and …
International Trade in Brazil
Introduction International trade law in Brazil (Direito do Comércio Internacional) governs the country’s participation in the global trading system. Brazil is a founding member of the World …
Judicial Review in Brazil
Introduction Judicial review (controle de constitucionalidade) in Brazil is a sophisticated system combining two models: abstract review (controle abstrato or concentrado), modeled on the European …
Key Constitutional Terms in Brazilian Law
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 …
Legal Certainty and Legitimate Expectations in Brazilian Law
Introduction Legal certainty (segurança jurídica) is a fundamental principle of Brazilian constitutional law, recognized as an implicit foundation of the Democratic State of Law. It encompasses the …
Legal Philosophy in Brazil
Introduction Legal philosophy in Brazil (Filosofia do Direito) has evolved from its colonial roots in Portuguese scholasticism to a vibrant and pluralistic field engaging with global jurisprudential …
Legal Profession Overview in Brazil
Introduction The legal profession in Brazil is organized as a regulated system with distinct career paths for lawyers, judges, prosecutors, public defenders, and other legal professionals. The 1988 …
Legal Theory in Brazil
Introduction Legal theory in Brazil (Teoria do Direito) encompasses the systematic study of the nature, structure, and interpretation of law. Brazilian legal theory has been profoundly shaped by the …
Legislative Power in Brazil
Introduction The Legislative Power (Poder Legislativo) is exercised at the federal level by the National Congress (Congresso Nacional), composed of the Chamber of Deputies (Câmara dos Deputados) and …
Marco Civil da Internet of 2014
Introduction The Marco Civil da Internet (Law 12.965/2014) is Brazil’s internet regulatory framework, often described as the Internet Constitution or Internet Bill of Rights. Enacted on April …
Maritime Law in Brazil
Introduction Maritime law in Brazil (Direito Marítimo or Direito do Comércio Marítimo) governs shipping, navigation, port operations, and maritime commerce. The primary legislation includes the …
Media Law in Brazil
Introduction Media law in Brazil (Direito da Comunicação or Direito Midiático) governs the regulation of press freedom, broadcasting, telecommunications, and increasingly, digital platforms and social …
Medical Law in Brazil
Introduction Medical law in Brazil (Direito Médico or Direito da Saúde) governs the practice of medicine, patient rights, healthcare regulation, and liability for medical malpractice. The legal …
Military Law in Brazil
Introduction Military law in Brazil (Direito Militar) encompasses the military penal system, military justice, disciplinary regulations, and the constitutional framework governing the armed forces and …
MS 26603 — Impeachment of Dilma Rousseff and Separation of Powers
Introduction MS 26.603 (Mandado de Segurança 26.603) is a pivotal decision of the Supreme Federal Court (STF) concerning the impeachment process of President Dilma Rousseff in 2016. The case addressed …
Overview of the 1988 Federal Constitution
Introduction The Federal Constitution of 1988 (Constituição Federal de 1988) is the supreme law of Brazil. Promulgated on October 5, 1988, it is the seventh constitution in Brazilian history and was …
Precatory Requests in Brazil
Introduction Precatory requests (precatórios) are the constitutional mechanism for payment of judicial debts owed by the federal, state, or municipal government. When a final judgment requires the …
Property Law in Brazil
Introduction Property law in Brazil (Direito das Coisas or Direito Real) governs the legal relationships between persons and things, including possession, ownership, and real rights in property. The …
Property Law Terms in Brazil
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 …
Proportionality and Reasonableness in Brazilian Law
Introduction Proportionality (proporcionalidade) and reasonableness (razoabilidade) are fundamental principles of Brazilian constitutional law, used extensively by the Supreme Federal Court (STF) to …
Public Prosecutor's Office (Ministério Público) in Brazil
Introduction The Public Prosecutor’s Office (Ministério Público) is an independent constitutional institution responsible for the defense of the legal order, the democratic regime, and …
RE 574962 — ICMS Exclusion from PIS/COFINS Base
Introduction RE 574.962 (Recurso Extraordinário 574.962), with General Repercussion Theme 190, is one of the most significant tax law decisions of the Supreme Federal Court (STF). Decided in 2017, the …
RE 878694 — Unconstitutionality of Paternity Denial
Introduction RE 878.694 (Recurso Extraordinário 878.694), with General Repercussion Theme 649, is a landmark decision of the Supreme Federal Court (STF) regarding the constitutional prohibition of …
Real Estate Law in Brazil
Introduction Real estate law in Brazil (Direito Imobiliário) governs the acquisition, ownership, registration, financing, and development of real property. As an integral part of property law, real …
Republic Period of Brazilian Legal History
Introduction The Republic period (1889-present) encompasses Brazil’s transformation from a monarchy to a republic, the development of modern legal codes, and the constitutional evolution through …
Rule of Law and Democratic State Under the 1988 Constitution
Introduction The rule of law (Estado de Direito) and the democratic state (Estado Democrático) are foundational concepts of the 1988 Federal Constitution. Article 1 establishes the Democratic State of …
Securities Law in Brazil
Introduction Securities law in Brazil (Direito do Mercado de Capitais) governs the issuance, trading, and regulation of securities. The framework is centered on the Securities and Exchange Commission …
Separation of Powers Under the 1988 Constitution
Introduction The separation of powers (separação dos poderes or tripartição dos poderes) is a fundamental principle of the 1988 Federal Constitution. Article 2 provides that the Legislative, …
Social Function of Property and Contracts in Brazilian Law
Introduction The social function (função social) of property and contracts is a transformative principle of Brazilian law, introduced by the 1988 Federal Constitution and developed by the Civil Code …
Sports Law in Brazil
Introduction Sports law in Brazil (Direito Desportivo) is governed by the Pelé Law (Law 9.615/1998), named after the legendary footballer, which replaced the earlier Zico Law (Law 8.672/1993). The …
Tax Law in Brazil
Introduction Tax law in Brazil (Direito Tributário) is one of the most complex areas of Brazilian law, characterized by a multi-layered federal system, extensive constitutional regulation, and a high …
Tort Law in Brazil
Introduction Tort law in Brazil (Direito da Responsabilidade Civil) governs the obligation to compensate for damages caused by wrongful conduct or dangerous activities. Codified primarily in the …
Tort Terms in Brazilian Law
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 …