Doing Legal Research in Brazil
By Edilenice Passos
Published February 2005
Edilenice Passos is a fully trained librarian and she earned her Master's Degree in 1992. She currently works at the Research Service of the Brazilian Senate as the head of the sector in charge of gathering background information for the consultants. Edilenice has written five books and published several articles. In addition to her regular duties, she is the Infolegis discussion list moderator. This list connects librarians, lawyers, and other professionals in order to share legal information. Mrs. Passos is also responsible for a site on the web (http://www.infolegis.com.br/), developed to help Brazilian Law librarians to find foreign legislation, as well as to help people from other countries find information on Brazilian legislation.
Update to an article previously published on LLRX.com on September 2, 2002
<http://www.llrx.com/features/brazil2002.htm>
Table of Contents
1. INTRODUCTION
1.1. General Data about Brazil
1.2. Nationality
1.3. Separation of Powers
1.4. Brazilian Judicial System
1.4.1. Control of Constitutionality
1.5. Brazilian Legislative System
1.5.1. The Making of Laws
1.5.2. Legislative Systems in the States and Municipalities
2. BRAZILIAN PRIMARY LEGAL RESOURCES
2.1. Diário Oficial da União [Official Federal Gazette]
2.2. Diários oficiais estaduais [Official Gazettes of the States]
2.2.1. Bahia
2.2.2. Ceará
2.2.3. Espírito Santo
2.2.4. Mato Grosso
2.2.5. Minas Gerais
2.2.6. Pará
2.2.7. Paraná
2.2.8. Pernambuco
2.2.9. Rio Grande do Norte
2.2.10.Rio Grande do Sul
2.2.11. Santa Catarina
2.2.12. São Paulo
2.3. Diário de Justiça [Judiciary Gazette]
3. BRAZILIAN INSTITUTIONS DEALING WITH LEGAL INFORMATION
3.1. Libraries
3.2. Law Schools
3.2.1. Undergraduate Courses
3.2.2. Graduate Courses
3.3. Law Societies and Bar Associations
3.3.1. Ordem dos Advogados do Brasil [Brazilian Bar Association]
3.3.2. Associations of Lawyers, Judges, and Prosecutors
3.4. Brazilian Legal Publishing Houses
4. BRAZILIAN LEGAL RESEARCH
4.1. Miscellaneous
4.1.1. Non-governmental sites
4.1.2. Government sites
4.2. Codes
4.2.1. Código Brasileiro de Aeronáutica [Brazilian Code of Aeronautics]
4.2.2. Código Brasileiro de Telecomunicações [Brazilian Code of Telecommunications]
4.2.3. Código Civil [Civil Code]
4.2.3.1. New Civil Code
4.2.4. Código Comercial
4.2.5. Código das Aguas [Water Code]
4.2.6. Código de Caça [Game Code] (Fauna Protection)
4.2.7. Código de Conduta de Alta Administração Federal [Code of Higher Conduct of Higher Government Officials]
4.2.8. Código de Mineração (Código de Minas) [Code of Mining - Code of Mines]
4.2.9. Código de Processo Civil [Code of Civil Procedure]
4.2.10.Código de Processo Penal [Code of Criminal Procedure]
4.2.11. Código de Propriedade Industrial [Industrial Property Code]
4.2.12. Código de Proteção e Defesa do Consumidor [Consumer Protection Code]
4.2.13. Código de Trânsito Brasileiro [Brazilian Traffic Code]
4.2.14. Código Eleitoral [Electoral Code]
4.2.15. Código Forestal [Forest Code]
4.2.16. Código Penal [Criminal Code]
4.2.17. Código Tributário Nacional [National Revenue and Taxation Code]
4.2.18. Consolidação das Leis do Trabalho (CLT) [Consolidation of Labor Laws]
4.2.19. Estatuto da Criança e do Adolescente [Child and Adolescent Statute]
4.3. Topic Search
4.3.1. Science and Technology
4.3.2. Foreign Trade
4.3.3. Children and Adolescents
4.3.4. Culture
4.3.5. Consumer Rights
4.3.6. Education
4.3.7. Elections
4.3.8. Environment
4.3.9. Mercosur
4.3.10.Social Security
4.3.11. Radio Broadcasting
4.3.12. Land Reform
4.3.13. Telecommunications
4.3.14. Traffic
4.3.15. Taxation
5. BIBLIOGRAPHIC REFERENCES AND CITATIONS
5.1. Bibliographic References
5.1.1. Bibliographic References for Books
5.1.2. Bibliographic References for Articles in Periodicals
5.1.3. Bibliographic References for Joint Decisions, Judgments and Sentences by Courts and Tribunals
5.1.4. Bibliographic References for Codes
5.1.5. Bibliographic References for Laws, Decrees, Directives, etc.
5.2. Citations and Quotations
5.2.1. Citation Format Rules
5.2.2. Examples
5.2.2.1. Citation of Federal Constitution
5.2.2.2. Code Citation
5.2.2.3. Legal Citation
5.2.2.4. Citation Sentences from Books and Periodicals
6. ABBREVIATIONS AND POPULAR NAMES OF LEGAL RULES
7. TRANSLATED BRAZILIAN LAW
1 INTRODUCTION
The Brazilian legal system shows a prolific production of juridical information, either descriptive (doctrine), or mostly normative (legislation), as if it were possible to improve or solve the problems of society by means of an increasing number of laws. It is not a surprise that many such laws are forgotten or simply ignored.
The proliferation of normative acts, of higher or lower hierarchy, eventually causes total chaos, for this big mass of juridical documents hampers the work of lawyers, researchers, and of the very citizens, who are ruled by Brazilian laws. As early as 1969, Arnoldo Wald already alerted that "the true legislative labyrinth created as a result of an inflation of statutes passed in recent years has turned the ruling Brazilian law into a patchwork, in which the mere legislative updating becomes a daily torture for a lawyer and a judge who are searching for the rules applicable to a specific subject, from among acts, supplementary acts, institutional acts, decree-laws, and other normative acts". It is right to state that this situation remains unchanged in 2001.
The excessive number of laws is not the only big problem in the corpus of Brazilian laws. The implicit revocation of rules, which uses only the expression All provisions to the contrary are hereby revoked (Revogam-se as disposições em contrário), puzzles anybody who tries to identify which rules are in force.
In an attempt to modify this panorama, the 1988 Federal Constitution, in the sole paragraph of article 59, foresaw the need to issue standards for the preparation, drafting, amendment, and consolidation of laws. To fulfill this constitutional provision, the National Congress passed Supplementary Law no. 95, of February 26, 1998, which provides for the preparation, drafting, amendment, and consolidation of laws, as set forth by the sole paragraph of article 59 of the Federal Constitution, and establishes rules for the consolidation of the normative acts that it refers to.
The Legislative Consolidation Program, headed by the Executive Branch, aims at the consolidation of rules which have an identical, analogous, or related object, so as to eliminate possible divergences, conflicts, or repetitions, and, therefore, convey unity, simplicity, and coherence to the body of Brazilian federal legislation.
With a view to implementing this process in the sphere of the Executive Branch, the Federal Government issued Decree no. 4,176, of March 28, 2002, establishing, among other provisions, the rules for the consolidation activities.
Ives Gandra Filho, now a Justice in the Higher Court of Labor, who coordinated the committee created by the Executive Branch to implement the consolidation of laws, explains that "in the global context, the consolidation of federal legislation will have as an end-product the compression of approximately 10,000 laws of a general character into about 120 statutes; this will undoubtedly represent a monumental work of simplification of our legal system, thus enabling an easy and safe access to the laws in force."
As a consequence of this big mass of juridical documents, several publications have already appeared to try to organize, compile, or interpret the legislation of Brazil, thus making the Brazilian editorial market of legal works a very profitable and prolific one. Many new publications do not go beyond the first few issues, but some commercial publishers and their publications are traditional, like Revista Forense, published by Editora Forense and in circulation without interruption since 1904, and Revista dos Tribunais, published by a publishing house under the same name, in circulation since 1912.
With the advent of the Internet, publishing houses have found a new mode to offer their services. This is so true that lawyers are increasingly connected to the virtual world, thus becoming the most frequent professional category in the Net. At an incredible pace, juridical sites have appeared that offer databases containing doctrine, full texts of rules and former court rules, a lawsuit tracking system, legal news, and information about public competitive examinations.
Reference Works:
MARTINS FILHO, Ives Gandra da Silva. Consolidação da legislação federal. Revista do Ministério Público do Trabalho, São Paulo, v. 8, n. 16, p. 86-97, set. 1998.
WALD, Arnoldo. A elaboração e revisão dos projetos de códigos. Revista de Direito da Procuradoria Geral do Estado da Guanabara, n. 21, p. 166-189, 1969.
1.1 General Data about Brazil
National Capital: Brasília (DF)
Population: 178,742,860
National language: Portuguese
Form of government: Federative Republic
System of Government: Presidentialism
Republic is the form of government of the Brazilian State, with representatives elected to serve temporary terms of office by means of direct periodical elections. It is a decentralized Federative state, characterized by the indissolubility of the Union.
Presidentialism is the system of government. The Chief of State and Head of Government is the President of the Republic, who must be Brazilian by birth, at least 35 years old, and fulfill the requirements which are mandatory for any representative of the people: electoral domicile, inclusion in the voters' list, membership in a political party, full exercise of political rights, and literacy. The Vice-President, who must also fulfill the above-mentioned requirements, replaces the President on a temporary basis in the event of impediment, and succeeds him in the event of vacancy. In the event of impediment of the Vice-President, the following will be called successively to take office: (i) the President of the Chamber of Deputies, (ii) the President of the Federal Senate, and (iii) the President of the Supreme Federal Court. However, in the event of simultaneous vacancies, the acting President shall organize new elections, to be held within 90 (ninety) days after the occurrence of the last vacancy. Nevertheless, if the vacancies occur during the last two years of the President's term of office, the National Congress shall hold indirect elections for such offices within 30 (thirty) days after the occurrence of the last vacancy. In any of the cases, the purpose shall always be that of completing the term of office of the predecessors.
In the Brazilian system, the President's term of office is 4 (four) years, reelection being permitted only once. The election of the President and of the Vice-President shall take place simultaneously on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, if no candidate has obtained the absolute majority of valid votes in the first round of voting.
Democracy is the political system of the Federative Republic of Brazil. The executive, the legislative, and the judicial branches, independent and harmonious among themselves, integrate the Union.
1.2 Nationality
A Brazilian national (article 12 of the Federal Constitution) can be native-born or naturalized. As regards nationality, Brazil adopts primarily jus solis, but it also accepts, in several circumstances, jus sanguinis in the first degree.
Therefore, the following are native-born Brazilians:
1. those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not at the service of their country;
2. those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is at the service of the Federative Republic of Brazil; and
3. those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time;
The following are naturalized Brazilians, provided that they apply for it:
1. foreigners originating from Portuguese-speaking countries, resident in the Federative Republic of Brazil for at least one uninterrupted year and having good moral repute;
2. foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction.
1.3 Separation of Powers
In the Brazilian legal system, the supreme rule is the Federal Constitution. The current one was promulgated on October 5, 1998, and is characterized by its written rigid form. However, the states have powers to organize themselves and to be ruled by their own Constitutions and by laws that they may adopt. Their autonomy is limited by the principles established in the Federal Constitution. The autonomy of the States of the Federation is restricted, as are all powers that are explicitly or implicitly not forbidden by the Federal Constitution.
There is a legal system of a national scope, effective all over the country, and there are legal systems of a state scope, exclusive of each State of the Federation. However, in both cases the supremacy of the Federal Constitution is undoubtedly an imperative, indisputable matter.
Municipalities, eadem ratione, also enjoy restricted autonomies. Their legislation must also follow the dictates of the Constitution of the State to which they belong, and, consequently, those of the Federal Constitution itself.
Reference Work
SECCO, Orlando de Almeida. Introdução ao estudo do Direito. 5. ed. Rio de Janeiro : Lumen Juris, 1999. 253p.
1.4 Brazilian Judicial System
Under the terms of article 92 of the Federal Constitution, the following are the bodies of the Brazilian Judicial Branch:
- the Supreme Federal Court
- the Higher Court of Justice
- the Federal Regional Courts and Federal Judges
- the Labor Courts and Judges
- the Electoral Courts and Judges
- the Military Courts and Judges
- the Courts and Judges of the States and of the Federal District
Among the bodies of the Judicial Branch, special emphasis should be given to the Supreme Federal Court, the Higher Court of Justice, and the Higher Courts, since their jurisdiction covers the entire territory.
The functions essential to Justice are also autonomously carried out by the Office of the Prosecutors for the Public Interest of theUnion and of the States1, by the Office of the Solicitor-General of the Union, and by the Office of the Public Legal Defender.
The Judicial Branch is empowered with administrative and financial autonomy. The judges in the various courts enjoy the guarantees of life tenure, irremovability, and irreducibility of compensation, as provided by article 95 of the constitutional text. The same guarantees are conferred to the Prosecutors for the Public Interest, pursuant to item I of paragraph 5 of article 128.
Comparative Table: Composition and Competence of Brazilian Courts |
Body | Composition | Competencies |
Supreme Federal Court | Eleven Justices chosen from among citizens over 35 and under 65 years of age, of notable juridical learning and spotless reputation. Appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the Federal Senate. | Responsible, essentially, for safeguarding the Constitution. Article 102 of the Federal Constitution. |
Higher Court of Justice (STJ) | Composed of a minimum of 33 Justices, chosen from among Brazilians over 35 and under 65 years of age. Appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the Federal Senate. | Article 105 of the Federal Constitution |
Federal Regional Courts and Federal Judges
(http://www.trf1.gov.br/,http://www.trf2.gov.br/,http://www.trf3.gov.br/,http://www.trf4.gov.br/,http://www.trf5.gov.br/) | Composed of a minimum of 7 Judges appointed by the President of the Republic from among Brazilians over 35 and under 65 years of age. | Articles 108 and 109 of the Federal Constitution. |
Higher Court of Labor (TST) | Composed of 27 Justices, chosen from among Brazilians over 35 and under 65 years of age, appointed by the President of the Republic after their nomination has been approved by the Federal Senate. | Set forth by a Supplementary Law. |
Regional Courts of Labor | Composed of judges appointed by the President of the Republic, from among lawyers, members of the Office of Prosecutors for the Public Interest, and career judges. | Article 115, together with paragraph 2 of article 111 and article 94. |
Labor Courts of first instance | A single judge is assigned to a Labor Court of first instance. | Article 116 of the Federal Constitution |
Higher Electoral Court (TSE) | Composed of a minimum of 7 members. Three judges are chosen through election, by secret vote, from among the Justices of the Supreme Federal Court. Two judges are chosen through election, by secret vote, from among Justices of the Higher Court of Justice. Through appointment by the President of the Republic, two judges are chosen from among lawyers nominated by the Supreme Federal Court. | Set forth by a Supplementary Law. |
Regional Electoral Courts (TREs) | There is a Regional Electoral Court in the capital of each State and in theFederal District. It is composed of seven members, of which two judges are chosen from among the members of the State Court of Justice, two are chosen by the State Court of Justice among career judges, one is chosen by the Federal Regional Court among its own members, and the other two are chosen from among lawyers nominated by the State Court of Justice. | Set forth by a Supplementary Law. |
Higher Military Court (STM) | Composed of 15 life Justices, appointed by the President of the Republic, after their nomination has been approved by the Federal Senate, three of which shall be chosen from among General officers of the Navy, four from among General officers of the Army, three from among General officers of the Air Force, all of whom in active service and of the highest rank, and five from among civilians. | Article 124 of the Federal Constitution. |
Source: BASTOS, Aurélio Wander. Introdução à teoria do Direito. 2. ed. Rio de Janeiro : Lumen Juris, 1999. 309p. Adapted, updated table. |
The organization, composition, and competence of the Courts of the States is defined according to the Federal Constitution, the State Constitutions, and the respective state laws on judicial organization.
Brazilian Justice has always been considered slow and too bureaucratic. Judges, members of the Office of the Prosecutors for the Public Interest, and lawyers have always pursued swifter justice. The first step in the pursuit of tools to prevent Justice from being overburdened was the enactment of Act no. 7,244, of November 7, 1984, which set forth rules for the establishment and operation of Small Claims Courts - such courts would take charge of actions not exceeding 20 minimum monthly salaries (that is, US$ 1,225.00, at that time).
The 1988 Federal Constitution, in its article 98, item I, provided for the creation of Special Courts, filled by judges, or by judges and lay judges, with powers for conciliation, judgment, and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases established in law, the settlement and judgment of appeals by panels of judges of first instance.
This constitutional provision was regulated by the National Congress by means of the enactment of Act no. 9,099, of September 26, 1995. Such Special Courts are an adequate solution for the settlement of claims of a small economic value and too low complexity for the standard procedures of a lawsuit. It is worth noting that swift, free-of-charge settlement of claims constitutes a good response of the State to the demand for Justice.
1.4.1 Control of Constitutionality
The control of the constitutionality of laws is exercised either in a concentrated or in a diffuse manner.
1. Concentrated control is effected and judged, in the first instance, by the Supreme Federal Court, by means of two types of actions: Direct Actions of Unconstitutionality (ADIN) and Declaratory Actions of Constitutionality (ADECON). ADINs may only be proposed by the President of the Republic; the Directing Board of the Chamber of Deputies, of the Federal Senate, or of State Legislative Assemblies; a State Governor; the Federal Prosecutor-General; a political party represented in the National Congress; the Federal Council of OAB [Brazilian Bar Association], or a professional association or confederation of labor unions of a nationwide nature.
According to the doctrine and former court rulings of the Supreme Federal Court, the Governor of the Federal District and the Directing Board of the Legislative Chamber of the Federal District may also file an ADIN.
There are four different types of ADIN: action (positive), omission (negative), material, or total/partial - (i) There is an Action (positive) when the unconstitutional act or law is identified in the ADIN and its effects are denied; (ii) there is an Omission (negative) when certain constitutional provisions have not been obeyed because the necessary regulations have not been issued; (iii) a Material ADIN deals with the object of an unconstitutional act or law; (iv) a Total/Partial ADIN deals with an unconstitutional act or law in whole or in part.
An ADECON seeks to ratify the constitutionality of an act or law and can only be filed by the President of the Republic; the Directing Board of the Chamber of Deputies or of the Federal Senate; or by the Federal Prosecutor-General.
Decisions pronounced both in an ADIN and in an ADECON have force nationwide, as well as an ex tunc binding effect.
2 Diffuse control occurs in specific law cases, in litigations presented before Justice, when an incidental issue of unconstitutionality arises, allowing a Judge or a Panel - under the supervision of a special body composed of judges of that court - to express their opinion on the unconstitutionality of a certain act or law. The subsequent decision shall be pronounced inter partes.
1.5 Brazilian Legislative System
· Federal level - National Congress (Federal Senate and Chamber of Deputies);
· State level - State Legislative Assembly (State Deputies);
· Federal District Level - Legislative Chamber (Federal District Deputies);
· Local level - City Council (City Councilmen).
The federal legislative system is bicameral, composed of the Federal Senate (Upper House) and the Chamber of Deputies (Lower House or Federal Chamber), and assisted by the Federal Court of Audit (TCU). Together, the Federal Senate and the Chamber of Deputies make up the National Congress (CN), which is presided over by the President of the Federal Senate. The remaining offices of the Board of the National Congress are held alternately by the holders of equivalent offices in the Chamber of Deputies and in the Federal Senate.
The Chamber of Deputies represents the people. The system of elections of Deputies is proportional to the population, with a minimum of eight and a maximum of seventy Deputies per each unit of the Federation. The present composition of the Federal Chamber is 513 Deputies, with substitutes being selected according to the number of votes given to each party. Deputies serve for four years. To be elected deputies, Brazilian citizens must be over 21 years of age and have Brazilian nationality, besides all normal requirements for an elected office. However, the office of President of the Chamber of Deputies must be held exclusively by a native-born Brazilian, for a term of office of two years, reelection being forbidden in the same legislative term.
The Federal Senate represents the 26 (twenty-six) States and the Federal District. The system of elections of Senators is based on the majority principle. There must be three Senators per State, and each Senator is elected with two substitutes. One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately, totaling 81 representatives in that House. Senators serve for eight years, with unlimited reelections. To be elected Senators, Brazilian citizens must be over 21 years of age and have Brazilian nationality, besides all normal requirements for an elected office. Nevertheless, the office of President of the Federal Senate must be held exclusively by a native-born Brazilian, for a term of office of two years, reelection being forbidden in the same legislative term.
1.5.1 The Making of Laws
The making of laws consists of a relatively complex and rather arduous process to which each bill is submitted so that it will eventually become a legal rule. The law-making process is comprised of seven steps:
1. initiative;
2. debate;
3. voting;
4. passing;
5. sanction or veto;
6. enactment;
7. publication.
The legislative process begins with a bill of law in one of the Houses - the Chamber of Deputies or the Federal Senate, thus called Originating House. Bills originating from the President of the Republic, the Supreme Federal Court, the Higher Courts, a Federal Deputy, the Federal Prosecutor-General, or citizens begin in the Chamber of Deputies. Those originating from a Senator or a State Legislative Assembly begin in the Federal Senate. Within the originating House, the bill of law is submitted to a technical, material, and formal analysis, which is carried out by the corresponding committees of that House. The Chamber of Deputies has 20 standing committees, and the Senate eight. If the bill of law is approved by the competent committees, it is forwarded to the plenary assembly, to be voted on. After being voted on, it is dismissed if rejected, or forwarded to the reviewing House if approved.
The reviewing House is obviously the one that did not originate the bill of law. If the bill is rejected, it is dismissed; if it is amended, it is returned to the originating House to be appreciated; if it is approved, depending on the object of the bill, it is forwarded to the President of the Republic to be sanctioned or vetoed.
Upon receiving a bill of law, the President of the Republic may sanction it or veto it in whole or in part - provided that this partial veto regards the whole text of an article, paragraph, item, or sub item. Vetoing isolated words is not permitted. Such veto must be issued within 15 days, and must be expressly based on unconstitutionality or damage to public interest, which is an entirely subjective criterion. Furthermore, a veto is not an absolute decision - rather, it can be overridden by members of the National Congress, who shall analyze it within 30 days counted from the date of receipt. If the veto is overridden, the bill shall be sent to the President of the Republic for promulgation.
The President of the Federal Senate shall promulgate such bill if the President of the Republic refuses to do so, even though such promulgation is incumbent upon the latter. If the President of the Federal Senate also refuses to promulgate the bill, the Vice-President of the Federal Senate must do so, thus allowing it to be published, which is an essential condition for it to be effective. Promulgation by the President of the Republic and by the President of the Federal Senate must take place within 48 hours.
According to article 59 of the Federal Constitution, the legislative process comprises the preparation of the following legislative initiatives:
1. Constitution (the supreme law)
2. Amendments to the Constitution
3. Laws that are supplementary to the Constitution (federal, state, Federal District, or local laws)
4. Ordinary laws (either federal, state, Federal District, or local laws)
5. Delegated laws (federal)
6. Provisional measures
7. Legislative decrees
8. Resolutions.
The above-mentioned legislative initiatives, in the order they have been described, establish the hierarchical principle, with the exception of provisional measures, which merely make part of the legislative process.
Amendments to the Constitution (Emendas à Constituição) consist of changes to the constitutional text, of a large or small scope, making additions, deletions, or even alterations. The Constitution may be amended on the proposal of at least one-third of the members of the Chamber of Deputies or of the Federal Senate, or the President of the Republic; or of more than one half of the State Legislative Assemblies. Such amendments must respect certain fundamental principles: Federalism; direct, secret, universal, and periodic vote; individual rights and guarantees; and separation of powers. Approval requires two readings in each House of the National Congress, with three-fifths of the votes of the respective members. It must be emphasized that a Constitutional Amendment does not depend on sanction by the President of the Republic, since it is a competence of the National Congress.
Supplementary Laws (Leis complementares à Constituição) are admissible only in the cases expressly authorized by the Constitution. They differ from amendments to the Constitution because they neither become an integral part of the Constitutional text, nor require such a rigid quorum to be approved - the votes of the absolute majority of the members of each House suffice.
A supplementary law (Lei complementar) is a separate law, as its name indicates, since it supplements the Constitution, without interfering with the constitutional text. In fact, it offers a separate complement to the Constitution, by detailing a matter which the Constitution dealt with only generically.
Approval requires two readings in each house of the National Congress, with the votes of the absolute majority of members. Approval by the President of the Republic is required.
Ordinary Laws (Leis ordinárias) are common laws, in the essential meaning of the word. They are laws originating from the Legislative Branch, in the exercise of its primary legislating function. They deal with all subjects, except those which will be specifically dealt with by a supplementary law. Approval requires one reading in each House of the National Congress, with the vote of a simple majority, and sanction by the President of the Republic.
A Provisional Measure (Medidas provisórias) is a sui generis legislative initiative. It is issued by the President of the Republic in important and urgent situations, has a temporary nature, with the force of law, and must be submitted to the National Congress, to go through the entire legislative process, following the procedures required for ordinary laws. After being examined by the National Congress, it shall be converted into an ordinary law if it is approved. If it is rejected, either tacitly or expressly, it loses effectivenessex tunc, and the National Congress shall regulate the legal relations arisen there from.
"Constitutional amendment 32 has implemented significant modifications to the provisions pertaining to Provisional Measures. Currently, they remain valid only for 60 days and may be renewed for an additional 60 days, a maximum of 120 days. Within this period, the National Congress is required to vote on the Provisional Measure. If it is not debated within 45 days after taking effect, it automatically freezes the voting agenda. If 120 days have passed without a vote, the Provisional Measure becomes invalid and its legal relations must be regulated by legislative decree. The decree must be published within 60 days after rejection or invalidity of the Provisional Measure. Otherwise, the legal relations formed as a result of the acts performed while the Provisional Measure was in effect will continue to be governed by such Measure." (Martins, 2002)
Delegated Laws (Leis delegadas) are issued by one Branch, by means of delegation of competence from another Branch. The second one of these Branches (the delegate) would not normally have competence to prepare that law, but has acquired the power to do so by virtue of delegation from the first one (the delegating authority).
According to the express provisions of article 68 of the Federal Constitution, delegated laws shall be drawn up the President of the Republic, who shall request delegation from the National Congress. Paragraph 1 of this article stipulates those initiatives within certain exclusive competences which may not be delegated to another Branch.
Legislative Decrees (Decretos legislativos) are initiatives within the exclusive competence of the National Congress and independent from sanction by the President of the Republic. Their primary purpose is the approval, by the National Congress, of initiatives taken by the Head of the Nation. Approval requires a simple majority.
Resolutions (Resoluções) are initiatives connected to the exclusive activities of the National Congress, are also independent from sanction by the President of the Republic, and are directed to specific purposes. Approval requires a simple majority. There are some resolutions which have the force of law, even though they are not part of the legislative process: the resolution which establishes the Internal Rules of the Supreme Federal Court, and the resolutions issued by the Higher Electoral Court to guarantee the total enforcement of electoral legislation.
1.5.2 Legislative Systems in the States and Municipalities
"The preparation of state and local laws virtually repeats the federal legislative process (effected by the Federal Senate and the Chamber of Deputies). The fact that the Federal Constitution sets forth the general rules to be followed is further confirmation of this legislative correlation.
In the States, the Executive Branch is represented by the Governor. The Legislative Branch is represented by the State Deputies, who convene in the State Legislative Assembly.
In the Municipalities, the Executive Branch is represented by the Mayor. The Legislative Branch is represented by the City Councilmen, who convene in the City Council." (Secco, p. 178).
Reference Works
BASTOS, Aurélio Wander. Introdução à teoria do Direito. 2. ed. Rio de Janeiro: Lumen Juris, 1999. 309p.
MARTINS, Rubens Duffles. Constitutional Amendment 32 and Provisional Measures. Lawgico, ano. 2, n. 17, nov./dez. 2002. Disponível em < http://www.lawgico.com.br/pdf/lawgico17.pdf > Acessado em 9 maio 2004.
SECCO, Orlando de Almeida. Introdução ao estudo do Direito. 5. ed. Rio de Janeiro: Lumen Juris, 1999. 253p.
2 BRAZILIAN PRIMARY LEGAL RESOURCES
The legal instrument that sets forth the Brazilian Civil Code [Lei de Introdução ao Código Civil Brasileiro] (Decree-law nº 4,657, September 4, 1942) establishes that "save for provisions to the contrary, the law shall come into force in the entire country forty-five days after its official publication."
The official sources for the publication of legal rules are Diário Oficial da União [the Federal Official Gazette] and the Official Gazette of each State. Jurisprudence is published in Diário da Justiça [Judiciary Gazette].
In Brazil, the texts of legal rules available on the Internet have only an informative nature - they must have been previously published in the Official Gazettes.
2.1 Diário Oficial da União [Federal Official Gazette]
On October 1, 1862, the Government, under the Presidency of Pedro de Araújo Lima, Marquis of Olinda, decided to print the Official Gazette, for the publication of legal acts. The Official Gazette has been printed without interruption since that date.
The full text of the following is mandatorily published in the Federal Official Gazette: laws, amendments to the Constitution, legislative decrees, and other acts resulting from the legislative process; treaties, agreements, covenants, and other international acts approved by the National Congress, and the respective decrees that promulgate them; decrees, provisional measures, and other normative acts issued by the President of the Republic; normative acts issued by Ministers of State, of a general interest; opinions issued by the Federal Solicitor-General and the respective President's decisions, except for those whose effects do not have a general nature; judgments and decisions by the Federal Court of Audit; Judicial Branch matters of a normative nature; acts concerning the appointment to or the vacancy of offices and jobs, or the designation of employees and military to functions in the federal government, its associate government agencies, and public foundations, as well as the designation of Legislative Branch and Judicial Branch employees.
2.2 Diários oficiais estaduais [Official Gazettes of the States]
Each Brazilian State and the Federal District have their own Official Gazette. The following States make their Official Gazettes available on the Internet.
It offers Diário On-line [the Online Gazette], which allows research of the acts published during that month. Search can be carried out according to date and section. It also offers Diário Oficial Digitalizado [Digitalized Official Gazette] for the years 1999 and 2000.
The Diário Oficial [Official Gazette of Ceará] on Internet allows research on 18.000 issues, since its first issue, October, 16 1993, until now. Search can be carried out by date, by state government body which issued the rule, or by type of rule.
2.2.3 Espírito Santo
It's the second oldest Official Gazette in Brazil. Search can be carried out by date and key-words.
Search can be carried out by date, since August, 2003.
Research of Diário Oficial de Minas Gerais [Official Gazette of Minas Gerais] requires subscription and can be done from January 6, 1998. Search can be carried out by date, by section, or by keyword.
The latest six months' issues are available. Search can be carried out by date, by state government body which issued the rule, or by type of rule.
Allows search by date and by words of the latest 30 days' issues.
The latest ten issues of Diário Oficial do Estado [Official Gazette of the State] are available for search. The database is divided into three major areas, according to the three branches of government. The Executive Branch area is further divided into secretariats and other government offices.The Legislative Branch area presents the business of the latest ten daily sessions of the State Legislative Assembly. Finally, one can research the acts of the Judicial Branch, according to the following subdivisions: Tribunal de Justiça do Estado [State Court of Justice], Corregedoria Geral da Justiça [General Supervision of the Administration of Justice],Tribunal Regional Eleitoral [Regional Electoral Court], the various Varas da Justiça Federal [Courts of First Instance of Federal Justice], Procuradoria Geral de Justiça [Office of the State Prosecutors], and Ministério Público do Trabalho [Federal Labor Prosecution].
Departamento Estadual de Imprensa [the State Press] makes available the latest seven editions of Diário Oficial on-line do Estado do Rio Grande do Norte [the online Official Gazette of the State of Rio Grande do Norte], containing texts received in digital format, which represent approximately 80% of the original gazette. Texts received in paper copies cannot be found online.
Search can be carried out by date and key-words.
Search can be carried out by key-words.
The Official Press homepage allows you to research the Official Gazettes of the State Executive, Legislative, and Judicial branches. The Executive Branch area presents the acts by the Governor, the State Secretaries, and the various State agencies which are already linked by a computer system, in addition to the matters regarding Mídia Eletrônica - Negócios Públicos [Electronic Media - Public Business]. The Judicial Branch area presents the acts by the President of the State Court of Justice and by the General Supervision of the Administration of Justice. The section regarding the Legislative Branch, which includes the State Court of Audit, is entirely available.
The following must be published in Diário da Justiça: those acts of a judicial nature issued by the Judicial Branch and by the bodies that assist in the administration of Justice; the designation of members of the Office of the Prosecutor for the Public Interest to act as representatives of the Federal Government in lawsuits; and the designation of attorneys by OAB - the Brazilian Bar Association - to render free legal assistance.
3 BRAZILIAN INSTITUTIONS DEALING WITH JURIDICAL INFORMATION
3.1 Libraries
Brazilian universities with Law schools have exceptional libraries specialized in legal bibliography. Conselho da Justiça Federaloffers a list of libraries, virtual libraries and information services in Brazil and around the world.
We are indicating only Rede de Bibliotecas [the Library Network], maintained and managed by the Federal Senate, because it includes the largest number of law libraries and because it is responsible for publishing the Bibliografia Brasileira de Direito - BBD (Brazilian Law Bibliography).
The Network includes fifteen libraries of the Federal Government, belonging to the Legislative, Executive, and Judicial Branches, and the Library of the Legislative Chamber of the Federal District. These libraries feed five databases on a cooperative basis: Monographs, Serial publications, VCBS (Vocabulário Controlado Básico) [Basic Controlled Vocabulary], AUTR [authority control of name headings] and Newspaper articles.
Since 1986, the Library has been publishing the Bibliografia Brasileira de Direito - BBD (Brazilian Law Bibliography), containing bibliographical references of books and articles of periodicals. The BBD is distributed free of charge to national and foreign institutions.
The following is a list of institutions which make up the Library Network:
Advocacia Geral da União - AGU [Office of the Solicitor-General of the Union] |
Address: | Coordenação de Documentação e Biblioteca
Palácio do Planalto, Anexo IV
70150-901 - Brasília, DF
Tel: (55-61) 225 3611/411 2709
Fax: (55-61) 322 9096
E-mail: biblioteca.agu@agu.gov.br |
Câmara dos Deputados - CD [Chamber of Deputies] |
Address: | Coordenação de Biblioteca
Praça dos Três Poderes, Anexo II
70160-900 - Brasília, DF
Tel: 55- 318 6834
Fax: (55- 318 2116)
E-mail: serfe.cedi@camara.gov.br |
Câmara Legislativa do Distrito Federal - CLDF [Legislative Chamber of the Federal District] |
Address: | Setor de Documentação Legislativa
SAIN Parque Rural
70086-900 - Brasília, DF
Tel: (55-61) 348 8430
Fax: (55-61) 348 8431
E-mail: biblioteca@cl.df.gov.br |
Ministério da Marinha - Estado Maior da Armada - MM-EMA [Ministry of the Navy -General Staff of the Armada] |
Address: | Biblioteca
Esplanada dos Ministérios, Bloco 3, 5o. andar
70055-900 - Brasília, DF
Tel: (55- 61) 429 1104
E-mail: biblioteca@ema.mar.mil.br |
Ministério da Justiça - MJ [Ministry of Justice] |
Address: | Coordenação de Documentação e Biblioteca
Esplanada dos Ministérios, Ed. Sede, Térreo
70064-900 - Brasília, DF
Tel: (55-61) 429-3275
Fax: (55-61) 321 4797
E-mail: biblioteca@mj.gov.br |
Ministério do Trabalho e Emprego - MTE [Ministry of Work and Employment] |
Address: | Coordenação de Documentação e Biblioteca
Esplanada dos Ministérios, Bloco 10, Anexo B, térreo
70059-900 - Brasília, DF
Tel: (55-61) 317-6186
Fax: (55-61) 224 7536
E-mail: biblioteca.cdb@mte.gov.br |
Procuradoria Geral da República - PGR [Office of the Federal Prosecutors] |
Address: | Coordenadoria de Documentação e Biblioteca
Av. L2 Sul, Quadra 603, Lote 23, Sala 32
70200-901 - Brasília, DF
Tel: (55-61) 313 5180
Fax: (55- 61) 313 5388
E-mail: cdb@pgr.mps.gov.br |
Centro de Informática e Processamento de Dados do Senado Federal - PRODASEN [Federal Senate Computer and Data Processing Center] |
Address: | Biblioteca Técnica
Anexo C do Senado Federal
70160-900 - Brasília, DF
Tel: (55-61) 311 3717/311 3679
Fax: (55-61) 323 7932 E-mail: claudia@senado.gov.br |
Senado Federal - SF [Federal Senate] |
Address: | Biblioteca Acadêmico Luiz Viana Filho
Praça dos Três Poderes, Anexo II
70165-900 - Brasília, DF
Tel: (55-61) 311 3943 / 3944
Fax: (55-61) 311 1665 |
Supremo Tribunal Federal - STF [Supreme Federal Court] |
Address: | Serviço de Documentação
Praça dos Três Poderes, Anexo II 1º andar
70175-900 - Brasília, DF
Tel: (55-61) 316 3523
Fax: (55- 61) 316 5067
E-mail: biblioteca@stf.gov.br |
Superior Tribunal de Justiça - STJ [Higher Court of Justice] |
Address: | Secretaria de Documentação
Biblioteca Ministro Oscar Saraiva
SAS Quadra 06, Lote 1, Bloco F, 1o. andar
70070-600 - Brasília - DF.
Tel: (55-61) 319 9402
Fax: (55-61) 319 9554/319 9385
E-mail: biblioteca@stj.gov.br |
Superior Tribunal Militar - STM [Higher Military Court] |
Address: | Diretoria de Documentação e Divulgação (DIDOC) - Biblioteca
Praça dos Tribunais Superiores, Ed. Sede, 10o. andar
70098-900 - Brasília, DF
Tel: (55-61) 313 9183/313 9200
E-mail: sebib@stm.gov.br |
Tribunal de Contas de Distrito Federal - TCDF [Court of Audit of the Federal District] |
Address: | Divisão de Documentação
Praça do Buriti, Palácio Costa e Silva, Subsolo
70075-901 - Brasília, DF
Tel: (55-61) 314 2226
Fax: (55-61) 314 9259
E-mail: sebib@tc.df.gov.br |
Tribunal de Justiça do Distrito Federal e dos Territórios - TJDF [Court of Justice of the Federal District and of the Territories] |
Address: | Serviço de Biblioteca
Praça do Buriti, Palácio da Justiça, Subsolo
70094-900 - Brasília, DF
Tel: (55-61) 343 7237 or 343 7695
E-mail: biblioteca@tjdf.gov.br |
Tribunal Superior do Trabalho - TST [Higher Court of Labor] |
Address: | Serviço de Documentação
Praça dos Tribunais Superiores, S/N, Bloco D, Anexo II, Térreo
70097-900 - Brasília, DF
Tel: (55-61) 314-4236
E-mail: biblioteca@tst.gov.br |
3.2 Law Schools
Undergraduate studies in Law take an average of five years. To be allowed to exercise the legal profession, holders of a degree in Law must pass the Brazilian Bar Association (OAB) examination and register with this institution. The master's course takes a minimum of two years and a maximum of four years. The doctorate takes a minimum of two years and a maximum of five years.
We are investigating ways to extend access to RDN services and the metadata information resources they themselves represent, through local annotation facilities and interface with OPACs. A proposed development, provisionally called RDN-LinkStore will provide a mechanism for creating and sharing lists of links which may be made publicly available as reading lists with a means of annotating and commenting on the records included in the lists.
The legal profession is regulated by Law no. 8,906, of July 14, 1994, which establishes that the exercise of the legal profession in Brazil and the right to be called a lawyer belong exclusively to those registered with the Brazilian Bar Association.
Foreigners or Brazilians who graduated in Law abroad must present a duly validated certificate of respective course of study.
3.2.1 Undergraduate Courses
According to the Brazilian Bar Association, there are 762 Law courses in Brazil in 2004.
The following is a list of the best Brazilian universities which offer Law courses, according to information provided by the Ministry of Education:
· Faculdade Estadual de Direito do Norte Pioneiro
Address: Av. Manoel Ribas, 711, Caixa Postal 103
86400-000 Jacarezinho, Paraná
Phone #: 55-43-525-0862
Fax: 55-61-525-0941
e-mail: fundinop@fundinop.br
http://www.fundinop.br/
· Pontifícia Universidade Católica de Campinas (São Paulo)
Address: Rodovia Dom Pedro I - km 136
Jardim Santa Cândida
13086 - 900 Campinas, São Paulo
Phone #: 55-19-3756-7000
e-mail: ich@acad.puccamp.br
http://www.puccamp.br/
· Pontifícia Universidade Católica de São Paulo (São Paulo)
Address: Rua Monte Alegre, 984 - Perdizes
05014-001 São Paulo, SP
Phone #: 555-61-3670-8000
e-mail: apoio@pucsp.br
http://www.pucsp.br
· Universidade de Brasília (Distrito Federal)
Address: Faculdade de Direito - Campus Universitário
Asa Norte - 70919-970 - Brasília - DF
Phone #: 55-61-307 2349 e 55-61-307 2347
Fax: 55-61-273 3532
e-mail:fdir@unb.br
http://www.unb.br/fd/
· Universidade de São Paulo (São Paulo)
Address: Largo de São Francisco, 95 - 1º andar
Centro - São Paulo - SP - CEP: 01005 - 010 - SP
Phone #: 55-11- 3111-4000
http://www.usp.br/fd/
Universidade do Estado do Rio de Janeiro (Rio de Janeiro)
Address: Rua São Francisco Xavier 524 - Maracanã -
20550-040 Rio de Janeiro, RJ
http://www.uerj.br
· Universidade Estadual Paulista Júlio de Mesquita Filho - UNESP
Address: Rua Major Claudiano, 1488 - Centro
Caixa Postal 211 -
14400-690 Franca, São Paulo
Phone #: 55-61-3711-1800
http://www.franca.unesp.br
· Universidade Federal de Juiz de Fora
Address: Benjamin Constant, 790 - Centro
36015-400 Juiz de Fora - MG
Phone #: 55-32-3229-3980
e-mail: webmaster@csti.ufjf.br
http://www.ufjf.br
· Universidade Federal do Paraná
Address: Rua XV de novembro, 1299
80060-000 Curitiba - Paraná
Phone #: 55-41-360 5000
e-mail: webmaster@cce.ufpr.br
http://www.ufpr.br/
3.2.2 Graduate Courses
According to data for the first half of 2004, there are 38 master's courses and doctorates recognized by CAPES - Fundação Coordenação de Aperfeiçoamento de Pessoal de Nível Superior [Foundation for the Coordination of Further Development of Education Students].
The following is a list of universities which offer master's courses and doctorates:
· Pontifícia Universidade Católica do Rio de Janeiro
Address: Rua Marquês de São Vicente, 225 - Gávea
22453-900 Rio de Janeiro, RJ
Phone #: 55-21-529-9922
Fax: 55-21-274-4197
E-mail: ccpg@vrac.puc-rio.br
http://www.puc-rio.br/
· Pontifícia Universidade Católica de São Paulo
Address: Rua Monte Alegre, 984 - Perdizes
05014-001 São Paulo, SP
Phone #: 555-61-3670-8000
e-mail: apoio@pucsp.br
http://www.pucsp.br
· Universidade do Estado do Rio de Janeiro (Rio de Janeiro)
Address: Rua São Francisco Xavier 524 - Maracanã -
20550-040 Rio de Janeiro, RJ
http://www.uerj.br
· Universidade Federal de Minas Gerais
Address: Av. Antônio Carlos, 6627 - Pampulha
31270-901 Belo Horizonte - MG
Phone #: 55-31-3499-5000
Fax: 55-31-3499-4188
http://www.ufmg.br/
· Universidade Federal do Paraná
Address: Rua XV de novembro, 1299
80060-000 Curitiba - Paraná
Phone #: 55-41-3605000
e-mail: webmaster@cce.ufpr.br
http://www.ufpr.br/
· Universidade Federal de Pernambuco
Address: Av. Prof. Moraes Rêgo, 1235 - Cidade Universitária
50670-901 Recife - PE
Phone #: (55-81-271-8000)
http://www.ufpe.br/
· Universidade Federal do Rio Grande do Sul
Address: Av. Paulo Gama, 110
90.040-060 Porto Alegre - RS
Phone #: 55-51-316-7000
E-mail: ufrgs@ufrgs.br
http://www.ufrgs.br/universidadeviva/
· Universidade Federal de Santa Catarina
Address: Campus Universitário - Trindade
Caixa Postal, 476
88040-900 Florianópolis, SC
Phone #: 55-48-331-9000
Fax: 55-48-234-4069
http://www.ufsc.br/
· Universidade de São Paulo
Address: Largo São Francisco, 95 - Centro - Cidade Universitária
01005-010 - São Paulo - SP
Phone #: (55-11) 239 3077
E-mail: fd@edu.usp.br
http://www.usp.br/fd
· Universidade Gama Filho (Rio de Janeiro)
Address: Unidade Candelária
Av. Presidente Vargas, 62 - 5º andar
20071-000 Rio de Janeiro-RJ
Phone #: (55-21) 518.2028 - ramal 144
Fax: (55-21) 518.2028 - ramal 116
E-mail: posdir@ugf.br
http://www.ugf.br/
3.3 Law Societies and Bar Associations
The first Law courses in Brazil were created in São Paulo and Olinda (PE), by a Law of August 11, 1827. Brazilian lawyers, motivated by the organization of a Lawyers' Association in Portugal, obtained the approval of the Imperial Government for the By-laws of the Instituto da Ordem dos Advogados Brasileiros [Institute of the Brazilian Lawyers' Order], on August 7, 1843. Article 2 of this document stipulated that the purpose of the Institute was to organize the Brazilian Bar Association "for the general good of the jurisprudence science".
Despite several initiatives, the creation of the Bar Association would become a fact only around a century later, by means of article 17 of Decree no. 19,408, of November 18, 1930, which organized the Corte de Apelação [Court of Appeals].
The Bylaws of the Brazilian Bar Association were established by Law no. 8,906, of July 4, 1994. The supreme body of the Association is the Conselho Federal [Federal Board]. The Association relies on standing and temporary committees for the performance of its functions.
The following is a list of state sections of the Brazilian Bar Association:
3.3.2 Associations of Lawyers, Judges, and Prosecutors
· Associação dos Advogados de Campinas [Lawyers' Association of Campinas]
· Associação dos Advogados de São Paulo [Lawyers' Association of São Paulo]
· Associação Brasileira dos Advogados do Mercado Imobiliário [Brazilian Association of Real Estate Lawyers]
· Associação dos Juízes do Rio Grande do Sul [Association of Judges of the State of Rio Grande do Sul]
· Associação dos Magistrados Brasileiros [Association of Brazilian Judges]
· Associação do Ministério Público de Alagoas [Association of Prosecutors for the Public Interest of the State ofAlagoas]
· Associação do Ministério Público do RS [Association of Prosecutors for the Public Interest of the State of Rio Grande do Sul]
· Associação Nacional dos Magistrados da Justiça do Trabalho [National Association of Labor Judges]
· Associação Nacional dos Procuradores da República [National Association of Federal Public Prosecutors]
· Escola Nacional de Magistratura [National School of Judicature]
· Instituto Brasileiro de Advocacia Pública (IBAP) [Brazilian Institute of Prosecutors, Solicitors, and Public Defenders]
· Instituto Brasileiro de Ciências Criminais [Brazilian Institute of Criminal Sciences]
· Instituto dos Advogados Brasileiros [Institute of Brazilian Lawyers]
3.4 Brazilian Legal Publishing Houses
The Brazilian publishing market for legal texts has always been profitable and prolific, leading to the publication of countless specialized periodicals edited by commercial as well as university publishers. Some titles do not go beyond the first few issues, but some commercial publishing houses and their publications are traditional, like Revista Forense, published by Editora Forense, in circulation without interruption since 1904, and Revista dos Tribunais, published by a publishing house under the same name, in circulation since 1912.
The following is a list of sites of the more traditional legal publishing houses:
Coad
Editora Aduaneiras
Editora Atlas
Editora Consulex
Editora Forense
Editora Fórum
Editora Revista dos Tribunais
Editora Juarez de Oliveira
Editora NDJ
Editora Saraiva
Juruá Editora
Letra Legal Editora
Lex Editora
LTr Editora
Síntese Publicações
4 BRAZILIAN LEGAL RESEARCH
4.1 Miscellaneous
General research of texts of Brazilian legal rules can be carried out in government sites, which offer information for free, and in non-governmental (commercial) sites, which require a subscription. A major difficulty for foreign researchers is the language, since the majority of Brazilian sites offer information only in Portuguese. Few sites offer an optional language, but even in such cases, this option may be valid only for the main menu or selected parts.
4.1.1 Non-government Sites
With the advent of the Internet, publishers have found a new mode to offer their services. This is so true that lawyers are increasingly connected to the virtual world, thus becoming the most frequent professional category on the Net. At an incredible pace, legal sites have appeared that offer databases containing doctrine, full texts of rules, former court rulings, a lawsuit tracking system, legal news, and information about public competitive examinations.
Editora Saraiva has launched SaraivaData, a highly reliable site because of its tradition in the area. Furthermore, in this site, each legal rule that has been published is shown together with its links to others that are altered or revoked by it.
Sinequanon, launched by Editora ADV, offers the possibility to track lawsuits in real time, integrating lawyers to almost 50 courts all over the country.
A group of young lawyers has launched BuscaLaw, expected to be the largest juridical portal of Latin America on the Internet. The main objective of the portal is to mediate the relations between those who offer and those who hire juridical services.
Another important portal in the juridical area, developed by three firms from Brasília-DF (Atelier Comunicação e Internet, Interactv Conteúdo e Internet and Interlux Tecnologia), is Direito.com In the beginning, it took over the oldest site in this area in Brazil, Neófito, created by Sérgio Ricardo Marques, a lawyer from São Paulo. Later, it became a partner of America OnLine (AOL). It offers searches in 121 courts of Brazil, chat rooms, and virtual interviews with Justices. Searches can be made by either legislation or former court rulings in all Brazilian courts in record time. However, if you prefer, you can search by court or region. The portal also offers news from the legal world. There are links to Agência Brasil, Boletim Paulista do Direito, Consultor Jurídico, Gazeta Mercantil, clipping of OAB-SP, Sinopses da Radiobrás, STJ Notícias, STF Informativo, and STF Notícias. The icon ''Comunidade'' offers further services supplied by the portal. Internauts can find the electronic address of Brazilian colleges, universities, and other courses, as well as the sites of Procon in several states.
4.1.2 Government Sites
The homepage of each Ministry provides the legislation concerning its own area. The best search strategy is to locate the Ministry responsible for the subject in question. As a rule, each page of a Ministry site offers links to bodies of its own structure and to others which deal with the same subject. The following is a list of all Ministries:
· Ministério da Agricultura Pecuária e Abastecimento [Ministry of Agriculture and Supply]
· Ministério do Desenvolvimento Social e Combate à Fome [Fight Against Hunger and Food Security Extraordinary Ministry]
· Ministério das cidades [Ministery of Cities]
· Ministério da Ciência e Tecnologia [Ministry of Science and Technology]
· Ministério das Comunicações [Ministry of Communications]
· Ministério da Cultura [Ministry of Culture]
· Ministério da Defesa [Ministry of Defense]
· Ministério do Desenvolvimento Agrário [Ministry of Agrarian Development]
· Ministério do Desenvolvimento, Indústria e Comércio Exterior [Ministry of Development, Industry, and Foreign Trade]
· Ministério da Educação Ministry of Education]
· Ministério do Esporte [Ministry of Sports]
· Ministério da Fazenda [Ministry of Finance]
· Ministério da Integração Nacional [Ministry of National Integration]
· Ministério da Justiça [Ministry of Justice]
· Ministério do Meio Ambiente [Ministry of the Environment]
· Ministério de Minas e Energia [Ministry of Mines and Energy]
· Ministério do Planejamento, Orçamento e Gestão [Ministry of Planning, Budget, and Management]
· Ministério da Previdência Social [Ministry of Social Security and Social Assistance]
· Ministério das Relações Exteriores [Ministry of Foreign Relations]
· Ministério da Saúde [Ministry of Health]
· Ministério do Trabalho e do Emprego [Ministry of Labor and Employment]
· Ministério dos Transportes [Ministry of Transportation]
· Ministério do Turismo [Ministry of Tourism]
There are two public institutions which present Brazilian legislation in general and for free: the Federal Senate and the Presidency of the Republic.
The Federal Senate makes available several types of legislative information, such as the reports of special investigating committees and bills of law. What is most important is that it offers access to the full texts of Brazilian legislation.
Since 1973, the Federal Senate has been maintaining a database of legal rules (NJUR), which comprises Brazilian federal legislation issued as from 1946. In 1995, the first edition of a CD-ROM - Legislação Brasileira [Brazilian Legislation] was launched, intended at expanding community access to legislation. Later, the same information found in the CD-ROM was made available on the Internet; that is, it is now possible to access the following legal rules issued as from 1987: the Federal Constitution and its Amendments, Supplementary Laws, Ordinary Laws, Delegated Laws, Provisional Measures, Decree-Laws, Legislative Decrees, Federal Senate Resolutions, National Congress Resolutions, Declaratory Acts, Decrees, the Internal Rules of the National Constituent Assembly, Acts of the Board of the National Constituent Assembly, Constitutional Revision Resolutions, Acts of the Board of the National Congress, Convocation Acts, and Additions to Convocation Acts.
Research can be carried out by type of rule, number, year, or law abstract.
The Senate homepage also offers access to the text of Provisional Measures. "Since the time Provisional Measures became a part of the National Legal System, with the advent of the Federal Constitution of 1988, the Federal Senate has been registering the successive issuances of such acts and classified them in its Database of Legal Norms (NJUR)". Research can be done by the number of the Measure or by the year it was issued.
The Presidency of the Republic makes available, among other information, a link called Legislação which offers access to the full text of the Constitution, codes, laws, decrees, and provisional measures published between 1995 and 2001, as well as some selected texts of legislation prior to 1995. Access can be obtained by number of the rule or by subject.
Provisional measures are classified into measures under consideration, measures turned into law, revoked measures, and expired (not re-issued) measures. There is also a table showing measures issued and re-issued per administration.
4.2 Codes
The homepage of the Presidency of the Republic makes available the full text of several codes. The original text is shown in black, altered provisions in blue, revoked provisions in green, and added provisions in red.
CICBRAS - Edições & Promoções, a private publisher, offers the full text of Brazilian codes by means of subscription.
The Brazilian Code of Aeronautics was established by Law no. 7,565, of December 19, 1986. The Code is divided into eleven titles:Disposições gerais, Do espaço aéreo e seu uso para fins aeronáuticos, Da infra-estrutura aeronáutica, Das aeronaves, Da tripulação, Dos serviços aéreos, Do contrato de transporte aéreo, Da responsabilidade civil, Das infrações e providências administrativas, Dos prazos extintitivos, Disposições finais e transitórias [General Provisions; Airspace and its use for aeronautic purposes; Aeronautic infrastructure; Aircrafts; Crew; Air services; Air transportation contracts; Civil liability; Violations and administrative measures; Termination deadlines; Final and transitional provisions].
Reference Work
PACHECO, José da Silva, 1924-.Comentários ao Código Brasileiro de Aeronáutica : Lei n. 7.565, de 19-12-1986 /3. ed. rev. e atual. --Rio de Janeiro : Forense, 2001.687 p.
The Brazilian Code of Telecommunications was established by Law no. 4,117, of August 27, 1962.
This Code does not correspond to the fast technological evolution of the sector. The Brazilian sector of telecommunications has been through major restructuring in recent years, and its entire regulatory framework has been revised and modified. The main acts which regulate the sector are: Constitutional Amendment no. 8, of August 15, 1995; Lei Mínima das Telecomunicações[Emergency Telecommunications Basic Act] (Law nº 9,295, of July 19, 1996); Lei Geral de Telecomunicações (LGT) [Telecommunications General Act] - Law no. 9,472, of July 16, 1997; Plano Geral de Outorgas (PGO) [Service Concession General Plan] - Decree nº 2,534, of April 02, 1998.
Reference Works
AZULAY NETO, Messod. O novo cenário das telecomunicações no Direito brasileiro. Rio de Janeiro : Lumen Juris, 2000. 517p.
BRASIL. LEIS ETC. Vade-Mecum da comunicação. Organizado por Reinaldo Santos. 12. ed., rev. ampl. e atual. Rio de Janeiro : Destaque, 1998. 322p. ISBN 85-86718-15-7
LIMA JUNIOR, Almir Wirth.Telecomunicações Modernas : curso básico . 2. ed. ampl. Rio de Janeiro : Book Express, 2001.290 p. : il.
The Brazilian Civil Code was promulgated on January 1, 1916 (Law nº 3,071/1916) and came into force on January 1, 1917.
The Code is comprised of two major sections: the General Part and the Special Part. It is preceded by the Lei de Introdução ao Código Civil [the legal instrument that sets forth the Brazilian Civil Code] (Decree-law nº 4,657, of September 4, 1942).
The General Part is divided into three books: Das pessoas, Dos bens e Dos atos jurídicos [Persons; Goods; Juridical Acts]. The Special Part is divided into four books: Direito de Família, Direito das Coisas, Direito das Obrigações e Direito das Sucessões[Family Law; Property Law; Contracts Law; Descent Law].
The first major attempt to reform the Code took place in the beginning of the 1940's, but it was not successful and could not prevent the enactment of countless laws which altered the essential contents of the Civil Code.
The second attempt took place in the beginning of the 1960's, but was not successful either. In 1975, the Executive Branch sent Message no. 160/75 to the National Congress, with a proposal of a new Civil Code. The bill of law was numbered 634/75 and is still under consideration in the legislative Houses. The new code as proposed would greatly help the commercial area, since it contains a new book - aspectos negociais [business matters]. It was approved by the Federal Senate in the end of November 2000 and is ready to be voted on by the plenary assembly. If it is approved, it will come into force one year after its promulgation.
The need to rewrite the Civil Code is indisputable, especially considering that Brazilian legislation witnesses a proliferation of extravagant laws, which leave out of civil codification important areas such as tenancy, consumer relations, dissolution of the marriage, authorship rights, condominiums, and acquisitions and mergers.
Reference Work
BRASIL. Código civil (1916). Código Civil: Lei n. 3.071, de 01.01.1916, atualizada e acompanhada de legislação complementar, súmulas e índices sistemático e alfabético-remissivo do Código Civil, cronológicos da legislação e alfabético da legislação complementar, da Lei de Introdução e das súmulas / obra coletiva de autoria da Editora Saraiva com a colaboração de Antônio Luiz de Toledo Pinto, Márcia Cristina Vaz dos Santos Windt e Luiz Eduardo Alves de Siqueira. 51.ed. São Paulo: Saraiva, 2000. 1376p. ISBN 8502022105
After 26 years of discussion, the Brazilian Senate has approved a new Civil Code, Law no. 10.406, of January 10, 2002. The new Civil Code will be in force in January 11, 2003. Several of the measures adopted by the new code have already been in force due to specific legislation, more than 50 decrees and laws, or for having been included in the 1988 Constitution, among them the rights of children born from artificial insemination, the possibility of donation of organs when the donor is still alive, and the ability to sue for damages in cases of moral harm.
Reference Work
Brasil.Código Civil (2002). Novo Código Civil : excertos : dos títulos de crédito (arts. 887 a 926), do direito de empresa (arts. 966 a 1.195) : Lei 10.406/2002, em vigor a partir de 11.01.2003. São Paulo : Revista dos Tribunais, 2002.27 p.
DALEVI, Alessandra. It's the law. Disponível em: http://www.brazzil.com/cvrjan98.htm. Acessado em: 25 jan. 2002.
DINIZ, Maria Helena. Curso de direito civil brasileiro. 18. ed., rev. atual. de acordo com o novo Código Civil, Lei n. 10.406, de 10-1-2002. São Paulo : Saraiva, 2002-.v. : il.
The primary source of Commercial Law, the Commercial Code was established by Law no. 556, of June 25, 1850, and has already received countless alterations and partial revocations, the last of which took place in 1986.
There is a collection of correlated new laws, such as the one regarding small and micro businesses, the Consumer Defense Code, and others, but they are not sufficient. Trade bills, stock exchanges, checks, and other issues of the same nature are all demanding redefinition; after all, the use of former court rulings has prevailed in these areas exactly due to the lack of current rules. There have been several attempts to revise them, all of which were unsuccessful.
In the absence of specific rules of Commercial Law, one resorts to subsidiary sources, in the following order: civil law, trade customs and usage, former court rulings, analogy, and the general principles of Law.
The new Brazilian Civil code revoked the first part of the Commercial Code.
Reference Work
BRASIL. Código Comercial (1850).Código Comercial: atualizado até 31/12/2001 /7. Ed. rev. atual. e ampl. São Paulo: Revista dos Tribunais, 2002.1151 p.
BRASIL. Código Comercial (1850). Código Comercial : Lei n. 556, de 25-06-1850, atualizada e acompanhada de legislação complementar, inclusive Código de Proteção e Defesa do Consumidor, Lei de Locação de Imóveis Urbanos e Lei de Sociedades Anônimas, Súmulas e índices sistemático e alfabético-remissivo do Código Comercial, cronológicos da legislação e alfabético da legislação complementar e das súmulas / obra coletiva de autoria da Editora Saraiva com a colaboração de Antônio Luiz de Toledo, Márcia Cristina Vaz dos Santos Windt e Luiz Eduardo Alves de Siqueira. 45. Ed. São Paulo : Saraiva, 2000. 1223p. ISBN 8502022075
BRASIL.Código comercial (1850). Código comercial : atualizado até 06.01.2004 / obra coletiva de autoria da Editora Revista dos Tribunais com a coordenação de Giselle de Melo Braga Tapai e com a colaboração de Ana Paula Alexandre ... [et al.]. 9. ed. rev., atual. e ampl. São Paulo : Revista dos Tribunais, 2004.1181 p.
CRETELLA JÚNIOR, José. 1.000 Perguntas e Respostas de Direito Comercial: para as provas das faculdades de Direito, para os exames da OAB - Ordem dos Advogados do Brasil, para concursos públicos. 7. ed. Rio de Janeiro : Forense, 2002.152 p.
