The law as it relates to statutes and laws in Brazil, derives from Portuguese, Italian, French and German civil forms of law. From 1964-1985, Brazil was ruled by the military, and for the most part, the Brazilian governmental systems and economy were closed to the rest of the world.
In 1985 Tancredo Neves was democratically elected as President by the citizens of Brazil. One of his endeavors was to create a strong Constitution, but Neves became gravelly ill and passed away before taking office. Jose Sarney, his running mate, replaced Neves and was able to fulfill one of Neves’ most important promises, that of creating a strong constitution. It has been in effect since October 21, 1988, characterized by its strict laws and statutes; it’s the supreme law of the land. According to the Federal Constitution, as it’s called, the 26 states have the power and the right to enact and create their own laws. Their sovereignty is overruled by the powers of the Federal Constitution.
The Federal Constitution also defines the rule of law and what constitutes a correctly made Brazilian law or statute. The constitution is enforced by the Judicial branch of government in Brazil. The Judicial branch is made up of the Supreme Court, which has the power to create and enact laws, not just hear cases and offer a verdict, as is the case in the United States.
The legal system is based on Portuguese statutes, as Brazil had been previously been a Portuguese colony. Over the last five years, and mostly under the current leadership of Dilma Rouseff, the current President, Stare Decisis (Precedent) is employed as the rule of law. This implies that lawyers and judges must adhere to previous rulings in cases that can influence subsequent cases; these rulings are known as precedents.
Ricardo Tosto is one of the most prominent Brazilian lawyers; having one of Brazil’s largest law firms, based out of Sao Paulo, serving the entire country. He agrees strongly with the Stare Decisis as the rule of law in Brazil, as it provides with an equitable, fair assessment of a trial and the most positive outcome in each and every case. In addition it also provides each defendant with a fair and honest due process under Brazilian law, where the defendant is presumed innocent until proven guilty.
According to Brazilian law, ” The proof lies upon the one who affirms, not the one who denies.” This is a statement found in the Brazilian Federal Constitution. Mr. Tosto and his law firm are expertly experienced in criminal, corporate, and civil law. As there’s still monopolies in certain business sectors in Brazil, Mr. Tosto and his law firm will help clients navigate the often complicated Brazilian business laws which emphasize protectionism, although free trade is encouraged.
For over 30 years Mr. Tosto and his law firm have served the citizens of Brazil and abroad with the most competent defense and unbiased representation. He has represented politicians from all parties and also celebrities and businesses in complex trials, with positive outcomes for his clients. A glaring aspect of Brazilian law, as reflected in the Federal Constitution, is that there’s only black and white in relation to the laws and statutes; there’s no clearly defined ” gray area” under which loopholes or a competitive edge can be found. Mr. Tosto and his lawyers are all well versed regarding the rigidity and strictness of all Brazilian laws and how these laws can work to the advantage of all of his clients. Contact his law firm today for the very best legal representation anywhere in Brazil!