The Brazilian legal system uses the Roman law which is also known as the civil law. The civil law originates from Europe and whose most common feature is that its most important principles are codified into a system which serves as the primary source of law. The civil law is simply a group of legal systems and concepts derived from the Codex Justinianus but largely overlaid by Germanic, Napoleonic, local and feudal practices.
The Federal Constitution is the supreme rule of Brazil and is characterized by a written form. According to the Constitution, Brazil is a Federative Republic made up of states and municipalities. The country is organized into 26 federate states which have the power to make their laws and Constitutions. Their power is however limited by the principles provided in the Federal Constitution. Municipalities have restricted powers since their legislation must follow the principles established by the Constitution of the state to which the municipalities belong as well as to those of the Federal Constitution.
Overview of the Court System
The highest court in Brazil’s judicial system is the Federal Supreme Court and is tasked with protecting the Constitution. Besides this, the court is responsible for declaring state and federal laws unconstitutional, rule over cases decided in instance courts where the verdict may violate the Constitution and order extradition appeals from foreign States.
The Superior Court of Justice, on the other hand, is Brazil’s highest court of appeal in non-constitutional matters. The court is tasked with upholding federal treaties and legislation. It grants a special appeal when a verdict made in the court of second instance offends a state or federal law or when more than two second instance courts provide different judgments on a similar federal law.
About Tosto De Oliveira Carvalho
Ricardo Tosto is an accomplished lawyer who has served in the legal field for more than two decades. He is a specialized lawyer who practices civil and commercial litigation in areas like mergers and acquisition, international law, credit recovery and election law.
Mr. Tosto is an alumnus of Mackenzie Presbyterian University from where he graduated with a bachelor’s degree in law. He also studied business administration at the Fundação Armando AlvaresPenteado (FAAP). Besides being a litigator, Ricardo holds several positions in the legal community. Mr. Tosto serves as a member of the International Bar Association as well as the Brazilian Bar Association.