Understanding the Brazilian Civil Law System

December 8th, 2016

Countries around the world use legal systems based on one of four primary systems: common law, civil law, religious law or statutory law. Every nation has a unique legal system which is shaped by its unique history hence it will incorporate individual variations. Other countries use a combination of these systems to make their law system flexible. The common law system and civil law system are mostly used across the globe, common law because the majority of people use it, and civil law because it is widespread by landmass.

The civil law, also known as the Roman law is a legal system whose origin is Europe. It borrows the outline of the Roman law, and its popular feature is that its main doctrines are organized into a referable system which is used as the primary source of law. This is different from the common law system whose law outline comes from decisions made by judges. In a nutshell, the civil law is a group of legal concepts and systems based on the Codex Justinianus but mostly overlaid by Germanic, Napoleonic, local and feudal practices as well as legal positivism and natural law.

Brazil is a perfect example of a country that uses the civil law. The Brazilian law is derived from German, Italian, . The country has a Constitution which is the supreme law of the country. The constitution organizes Brazil as a Federative Republic which constitutes the Federal District, municipalities, and states.

The Brazilian government has three branches: the Legislative, the Executive, and the Judiciary. Each of these branches has unique functions and work independently of one another. The Legislative has the upper house and the lower house which constitute the National Congress. The Executive is headed by the president who is elected by the people. The Judiciary is made up of courts and judges who exercise the powers of this branch.

Ricardo Tosto is Brazilian litigator who has spent most of his time in the legal field. He is among the first people who adopted several legal mechanisms that later became standard tools in the Brazilian legal system. Mr. Tosto has represented some prominent personalities, renowned Brazilian firms, and multinational companies in cases related to the financial sector. Ricardo Tosto studied law at Mackenzie Presbyterian University and did an extension course in Business Administration at FAAP.

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