Law of Brazil

The legal system of Brazil is a structured way to manage society through written rules. These rules are known as statutes. Brazil follows the Roman-Germanic legal tradition. This tradition is also called civil law. Most Brazilian laws come from European systems. These include Portuguese, French, and German influences. The most important document is the Federal Constitution. It was created on October 5, 1988. This document is the supreme law of the country. It has been amended many times to reflect changes in society.

Brazil divides its government power into three main branches. The executive branch is led by the President of Brazil. The legislative branch includes the National Congress of Brazil. The third part is the judiciary branch. This branch is responsible for interpreting the law. The judiciary is divided into state levels and federal levels. These two parts have different jurisdictions, or areas of authority. Judges in both systems have the same duties and rights. However, their structures and compositions differ depending on their level.

At the state level, the system begins in local areas called comarcas. A comarca is made of one or more municipalities. Each comarca has at least one trial court, or a court of first instance. These courts have a law judge and a substitute judge. A judge usually decides civil cases and most criminal cases alone. Only specific intentional crimes against life are decided by a jury. Some comarcas even have specialized courts for family law or bankruptcy. If someone disagrees with a trial court decision, they can appeal to a higher court.

The highest court in a state system is the Court of Justice, or Tribunal de Justiça. These are courts of second instance. They review decisions made by the trial courts. In each Brazilian state, there is one Court of Justice. These courts can have the final word on state-level decisions. However, federal courts can still overturn them. In these courts, decisions are often made by three judges. These judges are called desembargadores. They are organized into civil chambers and criminal chambers.

At the national level, there are two major superior courts. The first is the Superior Court of Justice, or STJ. It handles non-constitutional issues. The STJ grants a Special Appeal if a lower court violates a federal statute. The second is the Supreme Federal Court, or STF. This is the highest court in Brazil. It focuses on the Constitution. The STF grants Extraordinary Appeals when a decision violates the Constitution. It is also the final place for habeas corpus reviews. These superior courts do not look at new facts or evidence. They only look at how the law was applied.

There are also five regional Federal Courts in Brazil. These courts manage several states at once. For example, the 2nd Region covers Rio de Janeiro and Espírito Santo. The 5th Region covers six states, including Ceará and Pernambuco. A recent reform called Amendment 45 was passed in 2004. This reform introduced a mechanism called súmula vinculante. This is similar to a rule called stare decisis. Under this rule, only the Supreme Court can publish binding rules. This means all other judges and public officials must obey the Supreme Court's interpretations.

Becoming a legal professional in Brazil requires much dedication. Students must attend law school for five years. After graduating, they must pass an exam by the Bar Association of Brazil. In 2010, there were 621,885 lawyers in the country. The state of São Paulo had 222,807 lawyers. This was about one third of the total lawyers in Brazil. In 2007, the median income for a lawyer was R$36,120 per year. The top median income reached R$3,000,000. Judges earned a higher median income of R$170,000. Prosecutors earned a median income of R$150,000.