The Brazilian law is derived from the French, German, Portuguese and Italian civil law. It is partly based on the statutes and more recently stare decisis. The country’s federal constitution, enacted in 1988, is the superlative law of the country.
The federal constitution has organized Brazil into a federal republic, comprising indissoluble unions of municipalities, states, and federal district. There are 26 states with the power to adopt their own law and constitution. However, the autonomy of these states in limited by the principles contained in the federal constitution.
Municipalities, on the other hand, enjoy limited autonomy. As such, their legislation must abide to the commands of the constitution of the state which they belong to and to those of the national constitution. The function of the federal districts is to blend functions of federal municipalities and the states, and its equivalent to a constitution known as the organic law.
The country’s judicial system consists of several courts namely; the apex, the superior court of justice, and the regional federal courts. The apex is supreme guardian of the national constitution while the superior court upholds federal treaties and legislation. The regional courts, on the other hand, deal with cases of federal interest and crimes forecasted in international accords, among other functions.
Ricardo Tosto de Oliveira Carvalho is among the most prominent lawyers in the Brazilian legal practice. Mr. Tosto started practicing law after establishing his own small law firm a decade ago, making it the most experienced corporate litigation firm in Brazil.
Tosto is a very senior lawyer with a track record of defending countless companies and personalities in nationally known cases. He has provided legal advice to large and important Brazilian multinationals and corporations, the government, and politicians of unique ideological views.
He is the pioneer of several legal frameworks that are commonly used throughout the Brazilian legal community. Ricardo Tosto has additionally mentored partners who went ahead to form some of the largest Latin American law firms. Currently, he is overseeing a couple of ongoing cases, offering innovative legal strategies and providing necessary specific leadership. Find Tosto on Facebook to learn more about his services.