Law of Brazil

The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmula vinculante. It derives mainly from the civil law systems of European countries, particularly Portugal, the Napoleonic Code and the Germanic law.

There are many codified statutes in force in Brazil. The current Federal Constitution, created on October 21, 1988, is the supreme law of the country. This Constitution has been amended many times. Other important federal law documents in the country include the Civil Code, the Penal Code, the Commercial Code, the National Tributary Code, the Consolidation of Labor Laws, the Costumer Defense Code, the Civil Suit Code and the Criminal Suit Code.

The Constitution organizes the country as a Federative Republic, formed by the indissoluble union of the states and municipalities and of the Federal District. Under the principles established in the Federal Constitution, Brazil's 26 federate states have powers to adopt their own Constitutions and laws. Municipalities also enjoy restricted autonomy as their legislation must follow the dictates of the Constitution of the state to which they belong, and consequently to those of the Federal Constitution itself. As for the Federal District, it blends functions of federate states and of municipalities, and its equivalent to a constitution, named Organic Law, must also obey the terms of the Federal Constitution.

The powers of the Union, as defined within the Constitution, are the Executive, the Legislative and the Judiciary, which are independent and harmonious amongst themselves. The head of the Executive is the President of the Republic, which is both the Chief of State and the Head of Government and is directly elected by the citizens. The Legislative, embedded in the form of National Congress and consists of two houses: The Chamber of Deputies (lower house) and the Federal Senate (upper house), both constituted by representatives who are elected by the citizens. The Judicial powers are vested upon the Federal Supreme Court, the Superior Court of Justice, the Regional Federal Courts and Federal Judges. There are also specialized courts to deal with electoral, labor and military disputes.

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