Legal Guide for Foreign Investors in Brazil

The Brazilian legal system

The Federative Republic of Brazil is formed by the indissoluble union of its states, municipalities and the Federal District. In the Brazilian legal system, rules are created mainly by the Legislative and Executive branches and these are mainly interpreted by the Judiciary branch. Although it has a tripartite system (based on the executive, legislative and judiciary branches of government), Brazil also adopted the checks and balances system, whereby each of the branches plays roles that would be originally played by another branch.

These rules are arranged in different hierarchical levels, at the top of which is the Federal Constitution, which was discussed, voted on and promulgated by a National Constituent Assembly in 1988 with a democratic focus. Although it was passed only a few decades ago, the Federal Constitution has been amended 67 times, the last one on December 22, 2010. The Constitution addresses a wide range of topics and ensures a comprehensive list of rights and guarantees to citizens and corporations, apart from establishing Brazil’s political and administrative framework. All Brazilian states have also passed their own constitutions, which must be consistent with the Federal Constitution and must not be in conflict with it.

The entire Brazilian legal system is based on the provisions of the Federal Constitution and it comprises international treaties and conventions (which must be approved by Congress to be enforced in Brazil), as well as laws and other administrative instruments, such as decrees and administrative rules.

The entire Brazilian legal system is based on the provisions of the Federal Constitution and it comprises international treaties and conventions (which must be approved by Congress to be enforced in Brazil), as well as laws and other administrative instruments, such as decrees and administrative rules.

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Consulate-General of Brazil in Shanghai

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