Law of Brazil

Brazil has special rules.

These rules help people live together. A big book called the Constitution is the main law. It is the most important rule in the land.

Three groups run the laws. One group is led by the President. Other groups are the courts.

These courts help solve problems.

Many people study to be lawyers. They go to school for five years. After school, they must pass a big test.

This helps them do their jobs well. These rules keep the country working.

Brazil has many rules to help the country run. The most important rule is the Constitution. It was made on October 5, 1988. This rule is the supreme law. Other laws cover things like work and taxes.

Three groups manage these laws. The President leads the executive branch. The legislative branch is the National Congress. The third group is the judiciary. This group uses courts to solve legal problems.

There are many courts in Brazil. Some courts work for each state. Others work for the whole country. The Supreme Federal Court is the highest court. It makes sure everyone follows the Constitution.

Many people work with the law. Students must study for five years in law school. After school, they take a big test. This test is held by the Bar Association of Brazil. In 2010, there were 621,885 lawyers in the country. Many of them live in the state of São Paulo.

Brazil has a system of rules to help its people live together. These rules are called statutes. Most of these laws come from European traditions. These include laws from Portugal, France, and Germany. The most important rule of all is the Federal Constitution. It was created on October 5, 1988. This document is the supreme law of the land. It has been changed many times since it began.

Three different groups of people run the laws in Brazil. The executive branch is led by the President. The legislative branch includes the National Congress. The third group is the judiciary branch. This branch uses courts to make decisions. The judiciary is split into two main parts. There are state courts and federal courts. Each part has its own specific jobs to do.

State courts handle many local issues. Each state is divided into smaller areas called comarcas. Every comarca has at least one trial court. A single judge often decides civil cases there. Some states also have specialized courts for families. If someone disagrees with a decision, they can appeal. This means they ask a higher court to look at it. The Court of Justice is the highest state court.

At the national level, two big courts lead the way. The Superior Court of Justice handles non-constitutional issues. The Supreme Federal Court is the highest court in Brazil. It makes sure everyone follows the Constitution. There are also five regional Federal Courts. These courts cover different groups of states. For example, the 2nd Region covers Rio de Janeiro and Espírito Santo.

Many people spend their lives studying these rules. Students must attend law school for five years. After they finish, they must pass a big exam. This exam is held by the Bar Association of Brazil. In 2010, there were 621,885 lawyers working in Brazil. The state of São Paulo had the most with 222,807 lawyers. That is about one third of all lawyers in the country.

The legal system of Brazil is a structured way to manage society through written rules. These rules are known as statutes. Brazil follows the Roman-Germanic legal tradition. This tradition is also called civil law. Most Brazilian laws come from European systems. These include Portuguese, French, and German influences. The most important document is the Federal Constitution. It was created on October 5, 1988. This document is the supreme law of the country. It has been amended many times to reflect changes in society.

Brazil divides its government power into three main branches. The executive branch is led by the President of Brazil. The legislative branch includes the National Congress of Brazil. The third part is the judiciary branch. This branch is responsible for interpreting the law. The judiciary is divided into state levels and federal levels. These two parts have different jurisdictions, or areas of authority. Judges in both systems have the same duties and rights. However, their structures and compositions differ depending on their level.

At the state level, the system begins in local areas called comarcas. A comarca is made of one or more municipalities. Each comarca has at least one trial court, or a court of first instance. These courts have a law judge and a substitute judge. A judge usually decides civil cases and most criminal cases alone. Only specific intentional crimes against life are decided by a jury. Some comarcas even have specialized courts for family law or bankruptcy. If someone disagrees with a trial court decision, they can appeal to a higher court.

The highest court in a state system is the Court of Justice, or Tribunal de Justiça. These are courts of second instance. They review decisions made by the trial courts. In each Brazilian state, there is one Court of Justice. These courts can have the final word on state-level decisions. However, federal courts can still overturn them. In these courts, decisions are often made by three judges. These judges are called desembargadores. They are organized into civil chambers and criminal chambers.

At the national level, there are two major superior courts. The first is the Superior Court of Justice, or STJ. It handles non-constitutional issues. The STJ grants a Special Appeal if a lower court violates a federal statute. The second is the Supreme Federal Court, or STF. This is the highest court in Brazil. It focuses on the Constitution. The STF grants Extraordinary Appeals when a decision violates the Constitution. It is also the final place for habeas corpus reviews. These superior courts do not look at new facts or evidence. They only look at how the law was applied.

There are also five regional Federal Courts in Brazil. These courts manage several states at once. For example, the 2nd Region covers Rio de Janeiro and Espírito Santo. The 5th Region covers six states, including Ceará and Pernambuco. A recent reform called Amendment 45 was passed in 2004. This reform introduced a mechanism called súmula vinculante. This is similar to a rule called stare decisis. Under this rule, only the Supreme Court can publish binding rules. This means all other judges and public officials must obey the Supreme Court's interpretations.

Becoming a legal professional in Brazil requires much dedication. Students must attend law school for five years. After graduating, they must pass an exam by the Bar Association of Brazil. In 2010, there were 621,885 lawyers in the country. The state of São Paulo had 222,807 lawyers. This was about one third of the total lawyers in Brazil. In 2007, the median income for a lawyer was R$36,120 per year. The top median income reached R$3,000,000. Judges earned a higher median income of R$170,000. Prosecutors earned a median income of R$150,000.