View source for Law of Brazil

{{Short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
{{Politics of Brazil}}
The '''law of Brazil''' is based on statutes and, partly and more recently, a mechanism called ''súmulas vinculantes''. It derives mainly from the European [[civil law (legal system)|civil law]] systems, particularly the [[Law of Portugal|Portuguese]], the [[Napoleonic Code|Napoleonic French]] and the [[Law of Germany|German]] (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 5, 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 Tax Code, the [[Consolidation of Labor Laws]], the Customer Defense Code, the Code of Civil Procedure, and the Code of Criminal Procedure.

==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|access-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 branches 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 lie only in the competencies, structures and compositions of the Courts.

== 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]</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>

Students studying law in Brazil take five years to complete their education at a [[law school]]. Upon completing their studies, they need to pass an exam held by 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.

==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|state]] 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.

===Courts of Justice===
The highest court of a state judicial system is its court of second instance, the Courts of Justice. In each Brazilian state 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.

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 five regional Federal Courts have jurisdiction over circuits of several states and tend to be headquartered in the largest city of their territory. The regional courts are: 
*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.
*The ''Regional Federal Court of the 3rd Region'' has jurisdiction over two States: [[São Paulo (state)|São Paulo]] and [[Mato Grosso do Sul]], with headquarters in [[São Paulo]], São Paulo.
*The ''Regional Federal Court of the 4th Region'' has jurisdiction over three States: [[Rio Grande do Sul]], [[Santa Catarina (state)|Santa Catarina]] and [[Paraná (state)|Paraná]], with headquarters in [[Porto Alegre]], Rio Grande do Sul.
*The ''Regional Federal Court of the 5th Region'' has jurisdiction over six States: [[Sergipe]], [[Alagoas]], [[Pernambuco]], [[Paraíba]], [[Ceará]] and [[Rio Grande do Norte]], with headquarters in [[Recife]], Pernambuco.

===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]]).

The STJ is the Brazilian highest court in non-constitutional issues and grants a Special Appeal (''Recurso Especial'' in Portuguese) when a judgement of a court of second instance offends a federal [[statute]] disposition or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts for [[labor law]], [[electoral law]] and [[military law]].

The STF grants Extraordinary Appeals (''Recurso Extraordinário'' in Portuguese) when judgements of second instance courts violate the constitution. The STF is the last instance for the writ of [[habeas corpus]] and for reviews of judgments from the STJ.

The superior courts do not analyze any factual questions in their [[Judgment (law)|judgment]]s, but only the application of the law and the constitution. Facts and evidences are judged by the courts of second instance, except in specific cases such as writs of ''[[habeas corpus]]''.

==See also==
* [[Judiciary of Brazil]]
* [[Order of Attorneys of Brazil]]
* [[Crime in Brazil]]

== 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/CF.pdf Brazilian Constitution in Portuguese]
* [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}}
{{Justice in Brazil}}
{{Law enforcement in Brazil}}
{{South America in topic|Law of}}
{{Authority control}}

[[Category:Law of Brazil| ]]
[[Category:Law in South America]]