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THE LEGAL SYSTEM IN BRAZIL
Each nation in the world has a different set of laws governing its people and its relations with the rest of the world. Although each legal system has different characteristics, there are three basic classified systems: Romano-Germanic Civil Law, Anglo-American Common Law and Islamic Law. Brazil’s legal system is classified as a Civil Law Code and it is set out in national law codes. Different from common law system, whose rules are ordinarily formulated by the judge, our system is basically codified. The codes contain the basic legislation on the matters and are organized as Civil, Commercial, Tax, Criminal, etc. None of these codes supersedes the Federal Constitution, which is the supreme law of Brazil. The Court decisions are based on the application of the laws, however, it may decide on the basis of analogy, customs and general legal principles when there is no specific legal provision. Judicial precedents do not bear the force of law in Brazil, although they do exercise an important role supporting the court's decision. Our Federal Constitution has organized Brazil’s nation as a federative republic, constituting the indissoluble union of the states, municipalities and the Federal District (Brasilia). It also defines the individual spheres of authority of the Executive, Legislative and Judicial Branches. Hence, each state is organized and governed by their own constitutions and laws, with due regard for the principles mentioned in the Federal Constitution. The laws are issued from the federal government, the states and municipalities, by their legislative structure. In order to avoid conflicts of laws the Constitution has settled each competence. On the top of hierarchy, the Federal Constitution defines the political/administrative organization, fundamental rights and warranties of the citizen; regulates the tax system; and provides for socioeconomic and financial policy. Specifically, the federal government has exclusive authority to legislate on civil, commercial, labor, criminal, procedural, electoral, agrarian, maritime, aeronautical, and space laws. Expropriation, the monetary system, exchange, credit policy, insurance, foreign trade, mining deposits, as well as, bodies of water, power, computer science, telecommunication, radio broadcasting, nationality, citizenship, and other matters. Nevertheless, the legislative authority of the federal government, is hierarchically superior to the authority of the states and municipalities. The federal government is limited to the issuance of general guidelines, with the States and the Federal District being charged with supplementary legislation on these matters: tax, economic, finance and prison law; production and consumption; liability for damages to the environment and to the consumer; education and social security; and protection and defense of health.
In any case, the municipal legislative authority is restricted to matters
of local interest. By way of illustrations here is some general features
of the two major legal systems:
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