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Legal system

Overview of the legal system

Brazil is a federative republic, constituting an indissoluble union of States, Municipalities, and the Federal District. The Brazilian legal system is codified. The federal government, states, and municipalities, each within its own sphere of authorities do issue laws.  Court decisions entail correct application of current Brazilian laws.

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When no specific legal provision exists, courts decide based upon analogy, custom, and general legal principles. Legal precedents do not bear the force of law in Brazil, though they may play a significant supporting role in specific court decisions.

The Federal Constitution

The Federal Constitution provides for the legislative authority of the Federal Government, States and Municipalities, thus avoiding redundancy or overlapping of jurisdictional spheres. In consonance with principles laid down in the Federal Constitution the legislative authority of the Federal Government supersedes that of States and Municipalities.

The Federal Government is thus vested with exclusive authority to legislate on civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space, and labor law; expropriation, water, power, informatics,  telecommunications, radio broadcasting, monetary system, foreign exchange, credit policy, insurance, foreign trade, mineral deposits, nationality, citizenship, and other matters.

The Federal Constitution authorizes the Federal Government, States and the Federal District to legislate concurrently about such matters as: taxation, financial, economic, and prison law; production and consumption; environmental liability and consumer rights; education and teaching; social security, social protection, and health. On such issues, the authority of the Federal Government is limited to setting general  guidance, where that of the States and the Federal District is circumscribed by enabling legislation, observing general guidance of federal legislation.

The Federal Constitution is the keystone of the Brazilian law system. It ensures the citizen fundamental rights and guarantees, and determines the political and administrative structure of the Federative Republic of Brazil. It defines the respective spheres of authority of the Executive, Legislative and Judicial Branches; orients the tax system; and provides for economic and financial policy, and the social order. Organization and government of the States is provided for in their own constitutions and laws, observing principles laid down in the Federal Constitution. Legal Guide for Foreign Investors in Brazil

Brazil’s codification

Brazil’s main legal texts are Codes, compiling basic legislation. The most prominent of these are: the Civil Code, the National Tax Code, the Penal Code, the Consolidated Labor Laws, the Code of Civil Procedure, and the Code of Penal Procedure. None of these codes takes precedence over the Federal Constitution, which is the supreme law of Brazil.