During the colonial period when Brazil was a Portuguese colony, it operated under the law of Portugal. As of today, the country still borrows some of its law of Portugal. Their law is based on statutes which are written laws that are used to make court rulings.
The Brazilian Constitution organizes the country as a Federal Republic made up of twenty-six federate states and municipalities. The states are allowed to adopt their set of laws and Constitution. The country’s Constitution, however, restricts municipalities to adopt their legal system. Municipalities within the federal states use the laws and principles of their respective states and that of the country’s Constitution.
The legislative, the judiciary and the executive are the three branches that constitute the Brazilian government. The legislative is made up of the Federal Senate and the Chamber of Deputies, and it exercises its power through the legislative process. The judicial power is exercised by various courts including the Superior Tribunal of Justice, the Federal Supreme Court and the National Council of Justice. The executive branch constitutes the President of the Republic and the State Ministers.
The legal system in Brazil is very similar to that of other countries that operate on a system of Civil Law. The guidelines stipulated by the Constitution are crucial when making court rulings. For this reason, law schools are present across the country to teach lawyers how the system operates. In fact, Brazil is one of the countries with very many practicing lawyers.
Ricardo Tosto de Oliveira Carvalho is one of the best lawyers in the country. He is a founding partner of Leite, Tosto e Barros Advogados, a reputable law firm in Brazil. The firm is listed as one of the best 10 law firms in Brazil by the trade publication Yearbook Analysis Advocacy 500. The firm specializes in commercial law, civil law, administrative law and conflict resolution such as arbitration.
Mr. Tosto has spent more than two decades practicing business law especially in the areas of credit commercial, civil, recovery, and bankruptcy litigation and M&A.