Category Archives: Brazil

The Efficiency of the Law System in Brazil

The law in many countries involves a convoluted law system that is usually defined by a constitution that stipulates the rights of individuals. Similar to Brazil, their law comprises of complexities in the law system. The Brazilian Constitution is known as the Federal Constitution that came into force on October 5th, 1988 and is the supreme law of the country featuring a rigid written form. The Constitution organizes the country into the Federal Republic of 26 indissoluble unions of federal states. These federal states have the power to implement their own laws and Constitutions, but their autonomy is however controlled by the standards created by the Federal Constitution. As of today, only the Supreme Court has the authority to create binding rules and the public administration, and inferior courts and judges are obliged to observe them.

The Brazilian legal system is derived from Civil Law tradition that comprise of French, Portuguese, German and Italian civil law. It is based on statutes as well as the súmula vinculante (stare decisis) that was implemented recently. Since Brazil was a Portugal colony, they utilized the Law of Portugal as the Law in Brazil. Brazil’s independence and the rise of the Empire called for the establishment of a sovereign judiciary and educating its staff on legal education.

The country is now teeming with lawyers that make the legal system efficient. The Brazilian Constitution created in 1988 established many rights that make it necessary for people to make use of such lawyers to litigate their rights. Brazil is famously known as the land of many lawyers since it has a law school in every state, around 1,240 compared to the entire world combined. The lawyers total up to 800,000 proving that there are more lawyers per capita as compared to the United States. The state with the highest number of lawyers was the State of São Paulo with 222,807 lawyers making it a third of the country’s total lawyers.

The country has 16,000 judges, and the Brazilian judicial system is keeping pace with all the lawyering. The lawyers are expected to observe the set of disciplinary and ethical rules imposed by the OAB (Order of Attorneys of Brazil) Ethics and Discipline. There are many professional lawyers that undertake their duties to act independently and honestly and are competitive in helping clients with legal matters. Among the lawyers who have been successful in litigation matters is Ricardo Tosto de Oliveira Carvalho, a Brazilian-based corporate litigation lawyer. Mr. Tosto has over 22 years of experience in legal matters within and outside the court room. He is a strategist and a renowned leader in the Brazilian legal system whose experience includes but not limited to Banking Contracts, Business Restructuring, Acquisition Review, Power Concessions, Reorganization, Civil, and Commercial.

Ricardo Tosto is a co-founder of the Leite, Tosto e Barros Advogados and also owns his law firm from where he undertakes his legal practice. The law firm is one of the largest and most accomplished firms in Brazil and through this; he has successfully defended huge companies and various public personalities.