Law of Brazil
Brazilian law is based on statutes and civil law traditions.
Brazilian law is built on statutory codes, with a more recent addition called *súmulas vinculantes*—binding legal precedents. Its roots are in European civil law, especially the Portuguese, Napoleonic French, and German systems (notably the German Civil Code). The country’s supreme legal document is its current Constitution, enacted on October 5, 1988, which has since been amended several times. Other key federal statutes include the Civil Code, Penal Code, Commercial Code, National Tax Code, Consolidation of Labor Laws, Customer Defense Code, and the codes for civil and criminal procedure.
Power is divided among the executive, judicial, and legislative branches. The President heads the executive, while the judiciary includes the Superior Court of Justice and the Supreme Federal Court. The legislative branch is the National Congress.
Brazil’s legal tradition is Roman-Germanic, meaning it relies on written statutes. However, a 2004 constitutional reform (Amendment 45) introduced *súmula vinculante*, a mechanism similar to *stare decisis*. Under Article 103-A of the Constitution, only the Supreme Federal Court can issue these binding rules. Lower courts, judges, and public administration must follow the Supreme Court’s interpretations. The judiciary is split into state and federal branches, each with distinct jurisdictions, though judges share the same prerogatives and duties—differences lie only in court competencies, structures, and compositions.
In 2007, Brazil had 1,024 law school programs with 197,664 students, spread across all states. By 2010, there were 621,885 lawyers nationwide. São Paulo had the most, with 222,807 lawyers (one-third of the total), followed by Rio de Janeiro (112,515) and Minas Gerais (63,978). Law school takes five years, after which graduates must pass the Bar Association of Brazil (*Ordem dos Advogados do Brasil*) exam. In 2007, the median annual income for Brazilian lawyers was R$36,120, with a starting median of R$20,040 and a top median of R$3,000,000. Judges had a median income of R$170,000 (starting R$150,500, top R$310,500), while prosecutors earned a median of R$150,000 (starting R$140,000, top R$270,000). Today, judges and prosecutors in nearly all states earn the same, and in some states, prosecutors earn more.
Each state is divided into judicial districts called *comarcas*, which include one or more municipalities.
- Field
- Legal system
- Nationality
- Brazil
- Known for
- Civil law tradition, súmulas vinculantes, 1988 Constitution
- Basis
- Statutes and civil law
- Supreme law
- Constitution of Brazil (1988)
Lore & Background
Brazilian law is largely derived from Portuguese civil law and is related to the Roman-Germanic legal tradition. This means that the legal system is based on statutes. However, a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis, called súmula vinculante. Under Article 103-A of the Constitution of Brazil, only the Supreme Court may issue binding rules. Inferior judges and courts, and the public administration, are hence obliged to obey the interpretations of the Supreme Court.
The executive, judicial, and legislative branches govern Brazilian law. The President of Brazil heads the executive branch. The judicial branch comprises the Superior Court of Justice and the Supreme Federal Court. Brazil's legislative branch encompasses the National Congress of Brazil. 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. Courts of Justice are courts of appeal, meaning they can review decisions made by trial courts and have the final word on state-level decisions, though federal courts may overturn those decisions.
Reader's Guide
The law of Brazil is significant as a major example of a civil law system in the Americas, heavily influenced by Portuguese, French, and German legal traditions. Its 1988 Constitution serves as the supreme law, and the introduction of súmulas vinculantes in 2004 marked a shift toward binding precedent, similar to stare decisis, but limited to the Supreme Federal Court. The legal profession is substantial, with over 621,000 lawyers in 2010 and 1,024 law school programs in 2007. The judiciary is structured at state and federal levels, with trial courts in judicial districts (comarcas) and appellate courts (Courts of Justice) in each state. Superior courts, including the Superior Court of Justice and the Supreme Federal Court, handle non-constitutional and constitutional appeals respectively. The system's reliance on codified statutes and its recent adoption of binding precedent reflect its evolution within the Roman-Germanic tradition.
Did You Know?
- The súmula vinculante mechanism was introduced by Amendment to the Constitution 45 in 2004.
- In 2010, Brazil had 621,885 lawyers, with one-third working in the State of São Paulo.
- The Supreme Federal Court is the highest Brazilian court and decides issues concerning offences to the constitution.
- Brazilian law students take five years to complete their education and must pass an exam held by the Bar Association of Brazil.
Frequently Asked Questions
What is the Law of Brazil?
Brazilian law is a statutory civil-law system that organizes legal rules primarily through written codes rather than judicial precedent. It draws on European civil-law traditions and has, in more recent decades, added a layer of binding court precedents.
What is the supreme legal document in Brazil?
The Constitution of Brazil, promulgated on October 5, 1988, occupies the highest rank in the legal hierarchy. It has been amended on several occasions since its original adoption.
What are the main federal codes in the Brazilian legal system?
Core statutes include the Civil Code, Penal Code, Commercial Code, National Tax Code, Consolidation of Labor Laws, and the Customer Defense Code, supplemented by separate codes for civil and criminal procedure.
What are súmulas vinculantes and why do they matter?
Súmulas vinculantes are binding legal precedents that lower courts are required to follow, marking a notable shift in a system that historically relied almost entirely on codified statutes. They give the Supreme Federal Tribunal a tool to ensure uniform interpretation across the judiciary.
Which legal traditions shaped Brazilian law?
The system is built on Portuguese civil law, the Napoleonic French model, and German legal scholarship, with the structure of the German Civil Code being a particularly influential reference. These European roots explain why Brazilian law is organized around comprehensive statutory codes.
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