Law of Brazil - Constitution and Law

Constitution and Law

For centuries, as a Portuguese colony, the Law in Brazil was Law of Portugal. Famous alumni of Brazilian colonial era, among them many revolutionaries, were formed in the important Portuguese University of Coimbra, located in Central Portugal. With the Independence of Brazil and the rise of the Empire, it was necessary to create an independent judiciary and also to train its staff of legal education in the country. In 1827, the first law schools in Brazil, the Academies of Law and Social Sciences in São Paulo and Olinda.

Brazilian law is largely derived from Portuguese civil law and is related to the Roman-Germanic legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis, called Súmula Vinculante. Nevertheless, according to article 103-A of the Brazilian Constitution, only the Supreme Court is allowed to publish binding rules. Inferior judges and courts, and the public administration, are hence obliged to obey the interpretations of the Supreme Court.

In more recent times, according to the Judiciary Structure framed in the Brazilian Constitution, judicial power is divided between the State judicial branch and the Federal judicial branch, and they have different jurisdictions. The prerogatives and duties of judges are the same, the differences being only in the competences, structure and composition of the Courts.