backBrazil follows a civil law system heavily influenced by European legal traditions, particularly the Romano-Germanic model.
The 1988 Brazilian Federal Constitution is the primary normative source of the country’s legal framework. It establishes the Republic’s fundamental principles, defining fundamental rights and guarantees and the guiding principles that lawmakers and authorities must follow. Additionally, it distributes powers and responsibilities among different levels of government.
Brazil is a federal republic structured into three levels of government:
- Federal government
- States and Federal District
- Municipalities
As the Constitution defines, each level has its own autonomy and competencies, ensuring a balance of power between governmental entities.
The separation of powers is also a key aspect of Brazil’s legal structure, with three distinct branches, each with specific functions:
Executive Branch
Responsible for public administration and implementing government policies by the Federal Constitution and statutory law. The President of the Republic leads the Executive Branch at the federal level, Governors at the state level, and Mayors at the municipal level.
Legislative Branch
Responsible for drafting, discussing, and approving laws and overseeing the Executive Branch. At the federal level, Brazil has a bicameral legislature composed of the Federal Senate and the House of Representatives. The legislative function is also present at the state and municipal levels, with State Legislative Assemblies and Municipal Councils, respectively.
Judiciary Branch
The Judiciary Branch is responsible for resolving disputes between individuals, companies, and the government, ensuring the enforcement of the Constitution and statutory laws.
The Brazilian judiciary is structured into federal and state courts and specialized courts.
1. State Courts
State courts have general jurisdiction and handle most civil and criminal cases. Each state and the Federal District have their own Court of Justice (TJ), the highest judicial authority at the state level.
2. Federal Courts
Federal courts hear cases involving the federal government, public agencies, and international treaties. The structure includes:
- Federal First Instance Judges handle initial trials.
- Regional Federal Courts (TRFs), which serve as appellate courts for federal cases.
3. Superior Courts
Brazil has superior courts that ensure uniformity in legal interpretations and handle high-profile cases:
- Supreme Federal Court (STF): The highest court responsible for constitutional review and cases involving top government officials.
- Superior Court of Justice (STJ): This court ensures uniform interpretation of federal law and handles cases that do not involve constitutional matters.
4. Specialized Courts
Brazil has three specialized branches within the judiciary:
- Labor Courts: Handle disputes between employers and employees with Regional Labor Courts (TRTs) and the Superior Labor Court (TST).
- Electoral Courts: These oversee election processes, including regional electoral courts (TREs) and the Superior Electoral Court (TSE).
- Military Courts: Rule on military offenses, with state military courts and the Superior Military Court (STM).
Brazil’s legal system balances stability and adaptability, evolving to meet market and societal demands. Understanding this framework is crucial for investors, legal professionals, and businesses seeking to operate securely in Brazil.
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