Category: International Lawyers

Evaluating the Brazilian Legal System

Brazil has one of the most advanced legal systems in the world. The country’s legal system originated from Roman law, and is based on Portuguese law. By virtue of being a civil law country, legal statutes are primarily enacted by legislatures at municipal and federal level. This separation of powers has made it possible for the country to put in place a strong and well-defined legal system.

The Brazilian Court System

The highest Brazilian court is the Federal Supreme Court, which is mandated with the role of ensuring that the constitution is safeguarded. It similarly functions as the review court, and has the prerogative to try and decide cases that are deemed to possess traits of unconstitutionality. The court also issues binding decisions in special situations. It comprises fifteen members.

The Superior Tribunal of Justice was formed in 1988. Its role is to standardize the interpretation of the Brazilian Federal Law.

Federal regional tribunals have original jurisdiction to try and decide cases in which federal judges have been implicated. These tribunals similarly hear annulment actions and criminal reviews and decisions made by other federal courts. In addition, they decide on conflicts of jurisdiction, more so between federal judges who are subordinated to the tribunals.

About Ricardo Tosto de Oliveira Carvalho

Mr. Tosto is one of the most prolific law scholars and legal practitioners in Brazil. He is a principal partner at Leite, Tosto e Barros Advogado. This legal practice has over 400 lawyers under its wing, and is ranked among the largest in the South American country. Ricardo has practiced as a lawyer for more than 20 years. This has earned him a legendary status in the field.

Ricardo rose to national prominence for successfully defending large corporations, state agencies, and prominent personalities in major cases. His grasp of the law is unquestionable. He has equally been devoted to advocating legal reforms in the country. Mr. Tosto is affiliated to the International Bar Association, the Brazilian Bar Association, and the Partnerships Research Centre (CESA).