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English Choose a language for shopping. site Music Stream millions of songs. site Drive Cloud storage from site. The Invisible Boy: Free download. With the advent of the Internet, publishing houses have found a new mode to offer their services. This is so true that lawyers are increasingly connected to the virtual world, thus becoming the most frequent professional category in the Net. At an incredible pace, juridical sites have appeared that offer databases containing doctrine, full texts of rules and former court rules, a lawsuit tracking system, legal news, and information about public competitive examinations.
Reference Works: WALD, Arnoldo. National Capital: Portuguese Form of government: Federative Republic System of Government: Republic is the form of government of the Brazilian State, with representatives elected to serve temporary terms of office by means of direct periodical elections.
It is a decentralized Federative state, characterized by the indissolubility of the Union. Presidentialism is the system of government. The Chief of State and Head of Government is the President of the Republic, who must be Brazilian by birth, at least 35 years old, and fulfill the requirements which are mandatory for any representative of the people: The Vice-President, who must also fulfill the above-mentioned requirements, replaces the President on a temporary basis in the event of impediment, and succeeds him in the event of vacancy.
In the event of impediment of the Vice-President, the following will be called successively to take office: However, in the event of simultaneous vacancies, the acting President shall organize new elections, to be held within 90 ninety days after the occurrence of the last vacancy. In any of the cases, the purpose shall always be that of completing the term of office of the predecessors. The election of the President and of the Vice-President shall take place simultaneously on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, if no candidate has obtained the absolute majority of valid votes in the first round of voting.
Democracy is the political system of the Federative Republic of Brazil. The executive, the legislative, and the judicial branches, independent and harmonious among themselves, integrate the Union. A Brazilian national article 12 of the Federal Constitution can be native-born or naturalized.
As regards nationality, Brazil adopts primarily jus solis , but it also accepts, in several circumstances, jus sanguinis in the first degree. Therefore, the following are native-born Brazilians: The following are naturalized Brazilians, provided that they apply for it: In the Brazilian legal system, the supreme rule is the Federal Constitution.
The current one was promulgated on October 5, , and is characterized by its written rigid form. However, the states have powers to organize themselves and to be ruled by their own Constitutions and by laws that they may adopt. Their autonomy is limited by the principles established in the Federal Constitution.
The autonomy of the States of the Federation is restricted, as are all powers that are explicitly or implicitly not forbidden by the Federal Constitution. There is a legal system of a national scope, effective all over the country, and there are legal systems of a state scope, exclusive of each State of the Federation.
However, in both cases the supremacy of the Federal Constitution is undoubtedly an imperative, indisputable matter. Municipalities, eadem ratione , also enjoy restricted autonomies. Their legislation must also follow the dictates of the Constitution of the State to which they belong, and, consequently, those of the Federal Constitution itself. Reference Work. Rio de Janeiro: Lumen Juris, Under the terms of article 92 of the Federal Constitution, the following are the bodies of the Brazilian Judicial Branch: Among the bodies of the Judicial Branch, special emphasis should be given to the Supreme Federal Court, the Higher Court of Justice, and the Higher Courts, since their jurisdiction covers the entire territory.
The Judicial Branch is empowered with administrative and financial autonomy. The judges in the various courts enjoy the guarantees of life tenure, irremovability, and irreducibility of compensation, as provided by article 95 of the constitutional text. The same guarantees are conferred to the Prosecutors for the Public Interest, pursuant to item I of paragraph 5 of article Comparative Table: Composition and Competence of Brazilian Courts. Supreme Federal Court. Eleven Justices chosen from among citizens over 35 and under 65 years of age, of notable juridical learning and spotless reputation.
Appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the Federal Senate. Responsible, essentially, for safeguarding the Constitution. Article of the Federal Constitution. Composed of a minimum of 33 Justices, chosen from among Brazilians over 35 and under 65 years of age.
Federal Regional Courts and Federal Judges http: Composed of a minimum of 7 Judges appointed by the President of the Republic from among Brazilians over 35 and under 65 years of age. Articles and of the Federal Constitution. Composed of 27 Justices, chosen from among Brazilians over 35 and under 65 years of age, appointed by the President of the Republic after their nomination has been approved by the Federal Senate.
Set forth by a Supplementary Law.
Regional Courts of Labor. Composed of judges appointed by the President of the Republic, from among lawyers, members of the Office of Prosecutors for the Public Interest, and career judges. Article , together with paragraph 2 of article and article Labor Courts of first instance. A single judge is assigned to a Labor Court of first instance.
Composed of a minimum of 7 members. Three judges are chosen through election, by secret vote, from among the Justices of the Supreme Federal Court.
Two judges are chosen through election, by secret vote, from among Justices of the Higher Court of Justice. Through appointment by the President of the Republic, two judges are chosen from among lawyers nominated by the Supreme Federal Court.
It is composed of seven members, of which two judges are chosen from among the members of the State Court of Justice, two are chosen by the State Court of Justice among career judges, one is chosen by the Federal Regional Court among its own members, and the other two are chosen from among lawyers nominated by the State Court of Justice.
Composed of 15 life Justices, appointed by the President of the Republic, after their nomination has been approved by the Federal Senate, three of which shall be chosen from among General officers of the Navy, four from among General officers of the Army, three from among General officers of the Air Force, all of whom in active service and of the highest rank, and five from among civilians.
Adapted, updated table. The organization, composition, and competence of the Courts of the States is defined according to the Federal Constitution, the State Constitutions, and the respective state laws on judicial organization.
Brazilian Justice has always been considered slow and too bureaucratic. Judges, members of the Office of the Prosecutors for the Public Interest, and lawyers have always pursued swifter justice. The first step in the pursuit of tools to prevent Justice from being overburdened was the enactment of Act no. The Federal Constitution, in its article 98, item I, provided for the creation of Special Courts, filled by judges, or by judges and lay judges, with powers for conciliation, judgment, and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases established in law, the settlement and judgment of appeals by panels of judges of first instance.
This constitutional provision was regulated by the National Congress by means of the enactment of Act no. Such Special Courts are an adequate solution for the settlement of claims of a small economic value and too low complexity for the standard procedures of a lawsuit. It is worth noting that swift, free-of-charge settlement of claims constitutes a good response of the State to the demand for Justice.
The control of the constitutionality of laws is exercised either in a concentrated or in a diffuse manner. Concentrated control is effected and judged, in the first instance, by the Supreme Federal Court, by means of two types of actions: There are four different types of ADIN: The subsequent decision shall be pronounced inter partes.
The remaining offices of the Board of the National Congress are held alternately by the holders of equivalent offices in the Chamber of Deputies and in the Federal Senate.
The Chamber of Deputies represents the people. The system of elections of Deputies is proportional to the population, with a minimum of eight and a maximum of seventy Deputies per each unit of the Federation. The present composition of the Federal Chamber is Deputies, with substitutes being selected according to the number of votes given to each party.
Deputies serve for four years. To be elected deputies, Brazilian citizens must be over 21 years of age and have Brazilian nationality, besides all normal requirements for an elected office. However, the office of President of the Chamber of Deputies must be held exclusively by a native-born Brazilian, for a term of office of two years, reelection being forbidden in the same legislative term.
The system of elections of Senators is based on the majority principle. There must be three Senators per State, and each Senator is elected with two substitutes.
One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately, totaling 81 representatives in that House. Senators serve for eight years, with unlimited reelections. To be elected Senators, Brazilian citizens must be over 21 years of age and have Brazilian nationality, besides all normal requirements for an elected office. Nevertheless, the office of President of the Federal Senate must be held exclusively by a native-born Brazilian, for a term of office of two years, reelection being forbidden in the same legislative term.
The making of laws consists of a relatively complex and rather arduous process to which each bill is submitted so that it will eventually become a legal rule. The law-making process is comprised of seven steps: The legislative process begins with a bill of law in one of the Houses — the Chamber of Deputies or the Federal Senate , thus called Originating House.
Within the originating House, the bill of law is submitted to a technical, material, and formal analysis, which is carried out by the corresponding committees of that House. The Chamber of Deputies has 20 standing committees, and the Senate eight.
If the bill of law is approved by the competent committees, it is forwarded to the plenary assembly, to be voted on. After being voted on, it is dismissed if rejected, or forwarded to the reviewing House if approved.
The reviewing House is obviously the one that did not originate the bill of law. If the bill is rejected, it is dismissed; if it is amended, it is returned to the originating House to be appreciated; if it is approved, depending on the object of the bill, it is forwarded to the President of the Republic to be sanctioned or vetoed. Upon receiving a bill of law, the President of the Republic may sanction it or veto it in whole or in part — provided that this partial veto regards the whole text of an article, paragraph, item, or sub item.
Vetoing isolated words is not permitted. Such veto must be issued within 15 days, and must be expressly based on unconstitutionality or damage to public interest, which is an entirely subjective criterion. Furthermore, a veto is not an absolute decision — rather, it can be overridden by members of the National Congress, who shall analyze it within 30 days counted from the date of receipt.
If the veto is overridden, the bill shall be sent to the President of the Republic for promulgation. The President of the Federal Senate shall promulgate such bill if the President of the Republic refuses to do so, even though such promulgation is incumbent upon the latter.
If the President of the Federal Senate also refuses to promulgate the bill, the Vice-President of the Federal Senate must do so, thus allowing it to be published, which is an essential condition for it to be effective. Promulgation by the President of the Republic and by the President of the Federal Senate must take place within 48 hours. According to article 59 of the Federal Constitution, the legislative process comprises the preparation of the following legislative initiatives: Constitution the supreme law.
Amendments to the Constitution. Laws that are supplementary to the Constitution federal, state, Federal District, or local laws. Ordinary laws either federal, state, Federal District, or local laws. Delegated laws federal. Provisional measures. Legislative decrees. The above-mentioned legislative initiatives, in the order they have been described, establish the hierarchical principle , with the exception of provisional measures, which merely make part of the legislative process.
The Constitution may be amended on the proposal of at least one-third of the members of the Chamber of Deputies or of the Federal Senate, or the President of the Republic; or of more than one half of the State Legislative Assemblies. Such amendments must respect certain fundamental principles: Federalism; direct, secret, universal, and periodic vote; individual rights and guarantees; and separation of powers.
Approval requires two readings in each House of the National Congress, with three-fifths of the votes of the respective members. It must be emphasized that a Constitutional Amendment does not depend on sanction by the President of the Republic, since it is a competence of the National Congress.
They differ from amendments to the Constitution because they neither become an integral part of the Constitutional text, nor require such a rigid quorum to be approved — the votes of the absolute majority of the members of each House suffice. A supplementary law Lei complementar is a separate law, as its name indicates, since it supplements the Constitution, without interfering with the constitutional text. In fact, it offers a separate complement to the Constitution, by detailing a matter which the Constitution dealt with only generically.
Approval requires two readings in each house of the National Congress, with the votes of the absolute majority of members. Approval by the President of the Republic is required. They are laws originating from the Legislative Branch, in the exercise of its primary legislating function. They deal with all subjects, except those which will be specifically dealt with by a supplementary law. Approval requires one reading in each House of the National Congress, with the vote of a simple majority, and sanction by the President of the Republic.
It is issued by the President of the Republic in important and urgent situations, has a temporary nature, with the force of law, and must be submitted to the National Congress, to go through the entire legislative process, following the procedures required for ordinary laws.
After being examined by the National Congress, it shall be converted into an ordinary law if it is approved. If it is rejected, either tacitly or expressly, it loses effectiveness ex tunc , and the National Congress shall regulate the legal relations arisen there from. Currently, they remain valid only for 60 days and may be renewed for an additional 60 days, a maximum of days. Within this period, the National Congress is required to vote on the Provisional Measure.
If it is not debated within 45 days after taking effect, it automatically freezes the voting agenda. If days have passed without a vote, the Provisional Measure becomes invalid and its legal relations must be regulated by legislative decree. The decree must be published within 60 days after rejection or invalidity of the Provisional Measure. Otherwise, the legal relations formed as a result of the acts performed while the Provisional Measure was in effect will continue to be governed by such Measure.
Delegated Laws Leis delegadas are issued by one Branch, by means of delegation of competence from another Branch.
The second one of these Branches the delegate would not normally have competence to prepare that law, but has acquired the power to do so by virtue of delegation from the first one the delegating authority.
According to the express provisions of article 68 of the Federal Constitution, delegated laws shall be drawn up the President of the Republic, who shall request delegation from the National Congress.
Paragraph 1 of this article stipulates those initiatives within certain exclusive competences which may not be delegated to another Branch. Legislative Decrees Decretos legislativos are initiatives within the exclusive competence of the National Congress and independent from sanction by the President of the Republic.
Their primary purpose is the approval, by the National Congress, of initiatives taken by the Head of the Nation. Approval requires a simple majority. There are some resolutions which have the force of law, even though they are not part of the legislative process: The fact that the Federal Constitution sets forth the general rules to be followed is further confirmation of this legislative correlation.
In the States, the Executive Branch is represented by the Governor. In the Municipalities, the Executive Branch is represented by the Mayor.
Reference Works. Constitutional Amendment 32 and Provisional Measures. Lawgico , ano. In Brazil, the texts of legal rules available on the Internet have only an informative nature — they must have been previously published in the Official Gazettes.
The Official Gazette has been printed without interruption since that date. The full text of the following is mandatorily published in the Federal Official Gazette: The following States make their Official Gazettes available on the Internet.
Search can be carried out according to date and section. Search can be carried out by date, by state government body which issued the rule, or by type of rule.
Search can be carried out by date and key-words. Search can be carried out by date, since August, Search can be carried out by date, by section, or by keyword. The database is divided into three major areas, according to the three branches of government. The Executive Branch area is further divided into secretariats and other government offices.
The Legislative Branch area presents the business of the latest ten daily sessions of the State Legislative Assembly. Finally, one can research the acts of the Judicial Branch, according to the following subdivisions: Texts received in paper copies cannot be found online. Search can be carried out by key-words. The section regarding the Legislative Branch, which includes the State Court of Audit, is entirely available. Brazilian universities with Law schools have exceptional libraries specialized in legal bibliography.
We are indicating only Rede de Bibliotecas [the Library Network ], maintained and managed by the Federal Senate, because it includes the largest number of law libraries and because it is responsible for publishing the Bibliografia Brasileira de Direito - BBD Brazilian Law Bibliography. These libraries feed five databases on a cooperative basis: Since , the Library has been publishing the Bibliografia Brasileira de Direito - BBD Brazilian Law Bibliography , containing bibliographical references of books and articles of periodicals.
The BBD is distributed free of charge to national and foreign institutions. The following is a list of institutions which make up the Library Network: Sede, 10o. Undergraduate studies in Law take an average of five years.
To be allowed to exercise the legal profession, holders of a degree in Law must pass the Brazilian Bar Association OAB examination and register with this institution. The doctorate takes a minimum of two years and a maximum of five years. We are investigating ways to extend access to RDN services and the metadata information resources they themselves represent, through local annotation facilities and interface with OPACs. A proposed development, provisionally called RDN-LinkStore will provide a mechanism for creating and sharing lists of links which may be made publicly available as reading lists with a means of annotating and commenting on the records included in the lists.
The legal profession is regulated by Law no. Foreigners or Brazilians who graduated in Law abroad must present a duly validated certificate of respective course of study.
The following is a list of the best Brazilian universities which offer Law courses, according to information provided by the Ministry of Education: Paulo Gama, Despite several initiatives, the creation of the Bar Association would become a fact only around a century later, by means of article 17 of Decree no.
The Association relies on standing and temporary committees for the performance of its functions. The following is a list of state sections of the Brazilian Bar Association: OAB Seccional Alagoas. OAB Seccional Bahia.
OAB Seccional Pernambuco. OAB Seccional Sergipe. The Brazilian publishing market for legal texts has always been profitable and prolific, leading to the publication of countless specialized periodicals edited by commercial as well as university publishers.
Some titles do not go beyond the first few issues, but some commercial publishing houses and their publications are traditional, like Revista Forense, published by Editora Forense , in circulation without interruption since , and Revista dos Tribunais , published by a publishing house under the same name, in circulation since The following is a list of sites of the more traditional legal publishing houses: General research of texts of Brazilian legal rules can be carried out in government sites, which offer information for free, and in non-governmental commercial sites, which require a subscription.
A major difficulty for foreign researchers is the language, since the majority of Brazilian sites offer information only in Portuguese. Few sites offer an optional language, but even in such cases, this option may be valid only for the main menu or selected parts. With the advent of the Internet, publishers have found a new mode to offer their services. This is so true that lawyers are increasingly connected to the virtual world, thus becoming the most frequent professional category on the Net.
At an incredible pace, legal sites have appeared that offer databases containing doctrine, full texts of rules, former court rulings, a lawsuit tracking system, legal news, and information about public competitive examinations.
Editora Saraiva has launched SaraivaData , a highly reliable site because of its tradition in the area. Furthermore, in this site, each legal rule that has been published is shown together with its links to others that are altered or revoked by it. Sinequanon , launched by Editora ADV, offers the possibility to track lawsuits in real time, integrating lawyers to almost 50 courts all over the country.
A group of young lawyers has launched BuscaLaw , expected to be the largest juridical portal of Latin America on the Internet. The main objective of the portal is to mediate the relations between those who offer and those who hire juridical services.
It offers searches in courts of Brazil, chat rooms, and virtual interviews with Justices. Searches can be made by either legislation or former court rulings in all Brazilian courts in record time. However, if you prefer, you can search by court or region. The portal also offers news from the legal world. The icon ''Comunidade'' offers further services supplied by the portal. Internauts can find the electronic address of Brazilian colleges, universities, and other courses, as well as the sites of Procon in several states.
The homepage of each Ministry provides the legislation concerning its own area. The best search strategy is to locate the Ministry responsible for the subject in question. As a rule, each page of a Ministry site offers links to bodies of its own structure and to others which deal with the same subject.