Brazilian civil law system is drawn from the European civil codes, specifically from Portugal. This law recognizes codified law more than judicial precedent. Also important to note is that the Brazilian judicial system is comprised of state and federal courts.
What roles do the lawyers play in Brazil? In the Brazilian judicial system, the judge takes the lead. In all litigations, the judge is the one to conduct litigation, examine witnesses, investigate facts and appoint experts where appropriate. However there no restrictive classifications for lawyers in Brazil. Lawyers can practice different types of law freely and can represent clients at their own will regardless of the applicable law in the cases. A lawyer who has passed the bar exam is entitled to draft contracts, provide legal counsel and represent clients and learn more about Ricardo.
For one to become a lawyer in Brazil, you must go through a five-year undergraduate education. After that, you graduate with a bachelor of laws (Bacharel em Direito). Only those with a law degree are qualified for bar induction exam and more information click here.
Ricardo Tosto is the founder of Leite, Tosto e Barros law firm. He has been practicing law in Brazil for 25 years. He has practiced in different kinds of law and is well known for being meticulous in his work. He has run a very successful law career that has seen him gain popularity in Brazil. Ricardo Tosto law firm was the first in Brazil to engage in activities of companies’ management. Currently, corporate management issues make the largest client base for the firm. This is from both the private and public sector. Ricardo Tosto and the company are widely consulted and mentioned in important legal matters not only in Brazil but also in other countries. Leite, Tosto e Barros law firm has more than 300 professional employees and Ricardo’s lacrosse camp.
Ricardo Tosto as well as Leite, Tosto e Barros law firm have received recognition from the 500 Advocacy Analysis, a famous law publication in Brazil. It highlights the main lawyers and law firms following research by legal heads of large companies in Brazil. This law publication has also recognized and recorded a growth of the number of lawyers in Brazil every year and resume him.
Ricardo Tosto, an eminent jurist and one of the major entrepreneurs of Brazilian law, defines Brazilian law and business litigation better. He has more than 25 years of experience in Brazilian law, and that helped him to define and understand almost all the complexities associated with the law. Ricardo Tosto is a partner in Leite, Tosto e Barros Advogados Associados, a São Paulo-based litigation and business consulting firm with more than 400 employees that includes lawyers and assistants.
Brazilian judiciary hierarchy is quite similar to how many of the countries have. The Superior Court of Justice is the highest court with state courts, and federal courts are considered to be ordinary courts. It has specialized courts like electoral courts to handle the disputes related to electoral matter and labor courts to take care of various disputes between employees and firms. Additionally, it has Military courts to ensure justice in Brazilian Armed Forces.
When it comes to business litigation, normally a case is filed by or against a business. There are many types of business disputes generally reported. However, when it comes to businesses, they normally file Breach of Contract, Interference with Business Relationships, Patent or Trademark Infringement, and Unfair Trade Practices. When it comes to the business, it can also be of four types, namely Wrongful Discharge, Bad Faith, False Advertising, and Personal Injury.
As a jurist specialized in business litigation, Ricardo Tosto is regularly consulted by politicians of various ideological shades, for governments, Brazilian and multinational groups, and Non-Governmental Organizations. His leads the lawyers in his firm and helps them in complex case scenarios. Apart from that, Ricardo Tosto trains and engages the new attorneys in making the transition easier. Ricardo Tosto collaborates with other jurists to initiate discussions to shape the business and corporate laws that are needed to address various complex situations of current times including business related cyber laws.
Excessive force by law enforcement on the citizens of America has quickly come to the forefront of controversy in the last year or two. The fact that most everyone, including teens and young children, are equipped with a phone or other device that can record video has helped to bring light to a very serious matter. Bullying by the police is not new, but catching it on video by public bystanders is.
However, in an effort to thwart the abuses of power that some and I’ll repeat some, of those misguided officers take advantage of, could the public maybe be taking it a little too far? While the tax paying citizens of this country have every right, if not an obligation, to film misconduct of officers, law enforcement and the public need to come to an understanding.
In the case of Aponte, the officer stayed calm and professional, but was clearly irritated with the filming and detained Ferrante until his superior could come to the scene and advice. While Aponte didn’t grab and smash the phone, detaining Ferrante was uncalled for. On the other side of the coin, Ferrante clearly also tried to provoke the officer with his ramblings of false facts.