Features – Doing Legal Research in Brazil

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Edilenice Passos received her Master’s Degree in Librarianship and Documentation from the Universidade de Brasília (University of Brasilia), in 1992. She currently works with the Federal Senate Consultancy Staff, as a technical support coordinator. She’s in charge of the sector which is responsible for answering all requests for research by the Legislative Consultants. In addition to her regular duties, she’s a co-editor of Revista de Biblioteconomia de Brasília (Librarianship Journal). She and Suzana Mueller organized a book entitled Comunição Científica (Scientific Communication). The seven chapters of this book focus on different aspects of the same problem: issues arising from the changes that technology brought into scientific communication. The authors, from Brazil, Mexico and the UK, were able to bring about valuable information and insights about the central theme, and some of them, a view of the problem from a developing country angle.

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 [Federal Official Gazette]
2.2 Diários Oficiais Estaduais [Official Gazettes of the States
2.2.1 BAHIA
2.2.2 MINAS BERAIS
2.2.3 PARÁ
2.2.4 PARANÁ
2.2.5 PERNAMBUCO
2.2.6 RIO GRANDE DO NORTE
2.2.7 SÃO PAULO
2.3 DIÁRIO DA JUSTIÇA [Judiciary Gazette]
3. Brazilian Institutions Dealing with Juridical 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]
4.2.4 Código Comercial [Commercial Code]
4.2.5 Código das Águas [Code of Waters]
4.2.6 Código de Caça [Game Code] (Fauna Protection)
4.2.7 Código de Conduta da Alta Administração Federal [Code of Conduct for 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 – CDC [Consumer Protection Code]
4.2.13 Código de Trânsito Brasileiro [Brazil Traffic Code]
4.2.14 Código Eleitoral [Electoral Code]
4.2.15 Código Florestal [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 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, Judgements and Sentences by Courts or 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

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 a total chaos, for this big mass of juridical documents hampers the work of laywers, researchers, and of the very citizens, who are ruled by Brazilian laws. As early as in 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 revokation 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. 2,954, of January 29, 1999, altered by Decree no. 3,495, of May 30, 2000, and by Decree no. 3,723, of January 10, 2001, 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, 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, connecting 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 in 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 of 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, clippings 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.

CICBRAS – Edições & Promoções, a publishing house, offers the full text of Brazilian codes, other legislation, jurisprudence, legal news, a legal dictionary, and law digests.

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: 170,559,188
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 autonomies are 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 the Union 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
(www.trf1.gov.br, www.trf2.gov.br, www.trf3.gov.br, www.trf4.gov.br, 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 the Federal 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, judgement, 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 judgement 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 proceedures 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.

    2. 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 Legislatiave 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 lawcases, 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 Leval – 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, totalling 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 16 standing committees, and the Senate, seven. 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 subitem. 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 overriden by members of the National Congress, who shall analyze it within 30 days counted from the date of receipt. If the veto is overriden, 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 (thethe 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; of 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 effectiveness ex tunc, and the National Congress shall regulate the legal relations arisen therefrom.

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 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.

SECCO, Orlando de Almeida. Introdução ao estudo do Direito. 5. ed. Rio de Janeiro: Lumen Juris, 1999. 253p.

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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, this 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 are 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.

2.2.1 BAHIA

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.

2.2.2 MINAS GERAIS

Research of Diário Oficial de Minas Gerais [Official Gazette of Minas Gerais] requires subscription and can be done as from January 6, 1998. Search can be carried out by date, by section, or by keyword.

2.2.3 PARÁ

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.

2.2.4 PARANÁ

Allows search by date and by words of the latest 30 days’ issues.

2.2.5 PERNAMBUCO

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].

2.2.6 RIO GRANDE DO NORTE

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.

2.2.7 SÃO PAULO

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.

2.3 DIÁRIO DA JUSTIÇA [Judiciary Gazette]

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.

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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 Federal (http://www.cjf.gov.br/Bvirtual) offers 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] (http://www.senado.gov.br/bdtextual/bib/home.htm), maintained and managed by the Federal Senate, because it includes the largest number of law libraries.

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 of the SABI Network on a cooperative basis: BIBR (monographs), PERI (serial publications), VCBS (Vocabulário Controlado Básico) [Basic Controlled Vocabulary], AUTR [authority control of name headings] and JORN (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: [email protected]
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)
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]
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: [email protected]

3.2 Law Schools

Undergraduate studies in Law takes 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 were 303 Law courses in Brazil in 1988, with 292,728 students enrolled. This figure represents 31.67% of the total number of students enrolled in the bigger field of Applied Social Sciences.

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: [email protected]
    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: [email protected]
    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: [email protected]
    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: 55-61-2733532
    e-mail:[email protected]
    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
    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: [email protected]
    http://www.ufjf.br

  • Universidade Federal do Paraná

    • Address: Rua XV de novembro, 1299
    80060-000 Curitiba – Paraná
    Phone #: 55-41-3605000
    e-mail: [email protected]
    http://www.ufpr.br/

3.2.2 Graduate Courses

According to data for the first half of 2000, 37 institutions offer 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]. Twenty of these institutions are private, 11 are federal universities, five are state universities, and one is a municipal university.

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: [email protected]
    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: [email protected]
    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
    www.ufmg.br

  • Universidade Federal do Paraná

    • Address: Rua XV de novembro, 1299
    80060-000 Curitiba – Paraná
    Phone #: 55-41-3605000
    e-mail: [email protected]
    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)
    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: [email protected]
    www.ufrgs.br

  • 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
    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: [email protected]
    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: [email protected]
    www.ugf.br

3.3 Law Societies and Bar Associations

3.3.1 Ordem dos Advogados do Brasil [Brazilian Bar Association]

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:

SECCIONAL [State Section] Address
OAB Seccional Alagoas http://www.oab.al.org.br/
OAB Seccional Bahia http://www.oab-ba.com.br/
OAB Seccional Ceará http://www.oab-ce.org.br/
OAB Seccional Distrito Federal http://www.oab-df.com.br/
OAB Seccional Espírito Santo http://www.oabes.org.br/
OAB Seccional Goiás http://www.oab-go.com.br/
OAB Seccional Mato Grosso http://www.oabmt.org.br/
OAB Seccional Mato Grosso do Sul http://www.oab-ms.org.br/
OAB Seccional Minas Gerais http://oab-mg.com.br/
OAB Seccional Pará http://www.oab-pa.org.br/
OAB Seccional Paraíba http://www.zaitek.com.br/~oabpb
OAB Seccional Paraná http://www.oabpr.com.br/
OAB Seccional Pernambuco http://www.oab-pe.com.br/
OAB Seccional Piauí http://www.oab-pi.org.br/
OAB Seccional Rio de Janeiro http://www.oab-rj.com.br/
OAB Seccional Rio Grande do Norte http://www.oab-rn.org.br/
OAB Seccional Rio Grande do Sul http://www.oabrs.org.br/
OAB Seccional Rondônia http://www.oab-ro.org.br/
OAB Seccional Santa Catarina http://www.oab-sc.com.br/
OAB Seccional São Paulo http://www.oabsp.org.br/
OAB Seccional Sergipe http://www.infonet.com.br/oabse

3.3.2 Associations of Lawyers, Judges, and Prosecutors

3.4 Brazilizn Legal Publishing Houses

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 (www.forense.com.br), in circulation without interruption since 1904, and Revista dos Tribunais (www.rt.com.br), 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:

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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, and even in such cases, this option is 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.

CICBRAS – Edições & Promoções, a publishing house, offers the full text of Brazilian codes, other legislation, jurisprudence, legal news, a legal dictionary, and law digests.

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:

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, 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 ( www.planalto.gov.br ) 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 (http://www.cicbras.com.br ), a private publisher, offers the full text of Brazilian codes by means of subscription.

4.2.1 Código Brasileiro de Aeronáutica [Brazilian Code of Aeronautics]

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. Comentários ao Código Brasileiro de Aeronáutica : Lei n. 7.565, de 19-12-1986. 2. ed. rev. e atual. Rio de Janeiro : Forense (www.forense.com.br ), 1998. 682p. ISBN 85-309-0453-2

4.2.2 Código Brasileiro de Telecomunicações [Brazilian Code of Telecommunications]

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

4.2.3 Código Civil [Civil Code]

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 comprises 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

4.2.4 Código Comercial [Commercial Code]

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 revokations, the last one 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 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.

Reference Work

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

4.2.5 Código das Águas [Code of Waters]

The basic legislation on this subject is found in the 1988 Federal Constitution, in the state constitutions, and in the Code of Waters (Decree nº 24,643, of July 10, 1934), and its subsequent alterations. There are also several other federal and state rules on the subject. The following are the most relevant ones:

  1. Law nº 6,938, of August 31, 1981, provides for the national environmental policy, its purposes and mechanisms for preparation and enforcement, and makes other provisions;
  2. Law nº 7,802, of July 11, 1989, provides for research, experiment, production, packaging and labeling, transportation, storage, sale, commercial advertising, use, importation, exportation, final destination of residues and packages, registration, classification, control, inspection, and fiscalization of pesticides, their components and related substances, and makes other provisions;
  3. Law nº 9,433, of January 8, 1997, establishes the National Policy on Water Resources, creates a national system for the management of water resources, regulates item XIX of article 21 of the Federal Constitution, and alters article 1 of Law no. 8,001, of March 13, 1990, which modified Law no. 7,990, of December 28, 1989;
  4. Law nº 9,605, of February 12, 1998, provides for penalties and administrative sanctions resulting from conducts and activities harmful to the environment, and makes other provisions.

Reference Work

CRUZ, Fernando Castro da. Código de Águas anotado : Decreto n. 24.643, de 10 de outubro de 1934: doutrina, legislação, jurisprudência. Belo Horizonte : Palpite, 1998. 160p.

4.2.6 Código de Caça [Game Code] (Fauna Protection)

Protection of wild fauna is regulated by Law no. 5,197, of January 3, 1967, and its alterations.

The penalties stipulated by the so called Game Code are set forth in article 27 of the above-mentioned law, and by alterations introduced by Law nº 7,653, of February 12, 1988, and Law nº 7,679, of November 23, 1988. An aspect of great practical importance is the concurrence of incriminating rules in the Game Code, the Penal Code, and other statutes.

Some jurists consider the Game Code draconian, excessively punitive, clearly out of rhythm with the scale of judgments of Brazilian penal system.

4.2.7 Código de Conduta da Alta Administração Federal [Code of Conduct for Higher Government Officials]

Decree nº 1,171, of June 22, 1994, approved the Código de Ética Profissional do Servidor Público Civil do Poder Executivo Federal [the Code of Professional Ethics for Civil Servants of the Federal Executive Branch], which applies to all civil servants, including the President of the Republic and the Ministers of State.

On August 22, 2000, the Code of Conduct for Higher Government Officials was published in the Federal Official Gazette, and it applies to over 400 Federal Government employees, including ministers, secretaries of State, and top-level employees. The Code of Conduct seeks to establish standards for, among other cases, the acceptance of gifts and souvenirs, the lending of vehicles, a quarentine which forbids a civil servant from accepting any job in private enterprise during the first four months after leaving a position in the Government.

4.2.8 Código de Mineração (Código de Minas) [Code of Mining – Code of Mines]

The Code of Mining (Decree-law nº 1,985, of January 29, 1940) and the Regulamento do Código de Mineração [Regulations of the Code of Mining] (Decree nº 62,934, of July 2, 1968), the Código de Águas Minerais [Code of Mineral Waters] (Decree-law nº 7,841, of August 8, 1945) and its alterations, are the basic rules of Mining Law.

The Code is divided into seven chapters: Das disposições preliminares, Da pesquisa mineral, Da lavra, Das servidões, Das sanções e nulidades, Da garimpagem, faiscação e cata (totalmente revogado pelas Lei nº 7.805, de 18 de julho de 1989, e Lei nº 9.314, de 14 de novembro de 1996) e Das disposições finais [Preliminary provisions; Mineral prospecting; Mining; Easements and Servitudes; Sanctions and nullities; Prospecting, placer-mining, and panning (entirely revoked by Law no. 7,805, of July 18, 1989, and Law no. 9,314, of November 14, 1996); Final provisions].

The objective of Departamento Nacional de Produção Mineral (DNPM) [the National Department for Mineral Production], an associate government agency subordinated to the Ministry of Mines and Energy, established by Decree nº 1,324, of December 2, 1994, pursuant to Law nº 8,876, of May 2, 1994, is to promote the planning and development of mineral exploitation; to supervise geological and mineral prospecting, as well as research on mineral technology; and to ensure, control and oversee the exercise of mining activities throughout Brazilian territory, in accordance with the Code of Mining, the Code of Mineral Waters, respective supplementary regulations and legislation. The DNPM site offers the texts of mineral legislation, including the Codes.

Reference Work

FREIRE, William. Código de Mineração anotado e legislação complementar em vigor. Belo Horizonte : Mineira : Livros Jurídicos, 1997. 331p.

4.2.9 Código de Processo Civil [Code of Civil Procedure]

The Code of Civil Procedure was established by Law nº 5,869, of January 11, 1973.

In that same year, it was reformed by Law no. 5,925, of October 1, 1973, which altered approximately a hundred provisions of the Code.

During the 27 years it has been in force, some laws on specific matters have brought about small, continuous reforms that have substantially changed the Code, so as to accelerate proceedings, streamline procedural mechanisms, and eliminate superfluous formalities.

  1. Law nº 6,515, of December 26, 1977 (Divorce Act);
  2. Supplementary Law nº 35, of March 14, 1979 (Organic Law of the National Judicature);
  3. Law nº 6,830, of September 22, 1980 (Tax foreclosure Act);
  4. Law nº 6,899, of April 8, 1981 (Indexation Act);
  5. Law nº 7,347, of July 24, 1985 (Law of Public Civil Actions);
  6. Law nº 8,009, of March 30, 1990 (Restraint of mortgage on the judgment debtor’s residential property);
  7. Law nº 8,038, of May 28, 1990 (regulates proceedings and appeals before the Supreme Federal Court and the Higher Court of Justice);
  8. Law nº 8,078, of September 11, 1990 (Consumer Protection Code);
  9. Law nº 8,455, of August, 1992 (expert evidence);
  10. Law nº 8,898, of June 29, 1994 (liquidation of any amounts involved in a final judgment);
  11. Law nº 8,951, of December 13, 1994 (actions to pay a debt into the court; adverse possession);
  12. Law nº 8,952, of December 13, 1994 (discovery process; preventive injunction);
  13. Law nº 8,953, of December 13, 1994 (execution proceeding);
  14. Law nº 9,079, of July 14, 1995 (writ of monition – demanding immediate payment);
  15. Law nº 9,099, of September 26, 1995 (Civil and Criminal Special Courts)
  16. Law nº 9,139, of November 30, 1995 (interlocutory appeal);
  17. Law nº 9,245, of December 26, 1995 (summary proceeding);
  18. Law nº 9,756, of December 17, 1998 (processing of appeals at Court level);
  19. Law nº 9,868, November 10, 1999 (proceeding and judgement of the suit for declaration of unconstitutionality and the constitutionality declaratory action before the Supreme Federal Court).

Reference Work

BRAZIL. Código de Processo Civil (1973). Código de Processo Civil e legislação processual em vigor. Organizador Theotônio Negrão com a colaboração de José Roberto Ferreira Gouvêa. 31. ed., atual. até 5 de janeiro de 2000. São Paulo: Saraiva, 2000. 2023p. ISBN 8502021745

4.2.10 Código de Processo Penal [Code of Criminal Procedure]

The Code of Criminal Procedure, promulgated by Decree-Law nº 3,689, of October 3, 1941, is the main normative source of ordinary Procedural Law. However, there is a list of norms that complete or change the Code of Criminal Procedure, as follows:

  1. Lei de Introdução ao Código de Processo Penal [legal instrument that sets forth the Code of Criminal Procedure] (Decree-law nº 3,931, of December 11, 1941);
  2. Legislation on press crimes (Law nº 5,250, of February 9, 1967 and Law nº 2,728, of Februrary 18, 1956);
  3. Law on crimes against the State and social and political order (Law nº 1,802, of Januray 5, 1953);
  4. Law on People’s Economy (Law nº 1,521, of December 26, 1951).
  5. Bankruptcy Law (Decree-law nº 7,661, of 1945 and its alterations);
  6. Code of Industrial Property (Law nº 9,259, of May 14, 1996);
  7. Law on Trial by Jury (Law 263, of February 23, 1948 and its alteration);
  8. Law on heinous crimes (Law 8,072, of July 25, 1990 and its alterations, which defined heinous crimes, prohibited bail and release on own recognizance, the impossibility of granting grace or pardon.)

The Code of Criminal Procedure is divided into six books: Proceedings in general, Proceedings in manner, Nullity and appeals in general, Foreclosure, Jurisdictional affairs with foreign authorities and General provisions.

Reference Work

JESUS, Damásio de. Código de Processo Penal anotado: acompanhado de legislação complementar, súmulas do STF e do STJ, exposição de motivos, lei de introdução e índice alfabético-remissivo do código de processo penal. 17. Ed. Atual. São Paulo : Saraiva (www.saraiva.com.br), 2000. 900p. ISBN 8502019996

4.2.11 Código de Propriedade Industrial [Industrial Property Code]

Established by Act n. 9279, 14th May, 1996, which rules on rights and duties related to industrial property. Subdivided into eight titles: Das patentes (Patents), Dos desenhos industriais (Industrial Designs), Das marcas (Trade Marks), Das indicações geográficas (Origin Determination), Dos crimes contra a propriedade industrial (Offences against Industrial Property), Da transferência de tecnologia e da franquia (Transfer of Technology and Franchise), Das disposições gerais (General Provisions), Das disposições transitórias e finais (Temporary and Final Provisions).

Reference Work

LOUREIRO, Luiz Guilherme de A. V. A Lei de Propriedade Industrial comentada: Lei n. 9.279, de 14 de maio de 1996. São Paulo ; Lejus, 1999. 432p. ISBN 85-85486-28-7

4.2.12 Código de Proteção e Defesa do Consumidor – CDC [Consumer Protection Code]

Established by Act n 8078, 11 September, 1990, published in the Federal Official Gazette dated 12 September, 1990. Came into force in 11 March, 1991.

The CDC Code is a result of a constitutional determination as per article 5, item XXXII and article 170, item V.

The Code is divided into six titles: TÍTULO I – Dos Direitos do Consumidor (Consumer Rights), TÍTULO II – Das Infrações Penais (Criminal Offenses), TÍTULO III – Da Defesa do Consumidor em Juízo ( Consumers Legal Defence), TÍTULO IV – Do Sistema Nacional de Defesa do Consumidor (National System for Consumer Protection) , TÍTULO V Da Convenção Coletiva de Consumo (Consumer Collective Agreement), and TÍTULO VI – Disposições Finais (Final Provisions).

Reference Work

RÊGO, Werson. O Código de Proteção e Defesa do Consumidor, a nova concepção contratual e os negócios jurídicos imobiliários: aspectos doutrinários e jurisprudenciais. Rio de Janeiro : Forense (www.forense.com.br ), 2001. 387p. ISBN 8530912594.

4.2.13 Código de Trânsito Brasileiro [Brazil Traffic Code]

Brazil Traffic Code in force today was established by Act n. 9503, 23 September, 1997. It was altered by Act n. 9602, 21st. January, 1998, and by Act n. 9792, 14 April, 1999. It is regulated by administrative directives issued by the National Traffic Department (DENATRAN), resolutions, decisions and minutes on meetings of the National Traffic Council (CONTRAN).

Reference Work

BRASIL. CODIGO DE TRÂNSITO BRASILEIRO (1997). Nova coletânea de legislação de trânsito. Organizada por Carlos Flores Lazzari, Ilton Roberto da Rosa Witter. 16. ed. atual. até 11 de janeiro de 1999. Porto Alegre: Sagra Luzzatto, 1999. 676p. ISBN 85-241-0328-0

4.2.14 Código Eleitoral [Electoral Code]

Basic References for Electoral Law: Federal Constitution, Electoral Code and resolutions by the Electoral High Court, which are equivalent to ordinary acts.

Brazil Electoral Code has 383 articles and is divided into five Parts: Parte I – Introdução (Introduction), Parte II – Dos órgãos da Justiça Eleitoral (Electoral Justice Bodies), Parte III – Do alistamento (Voters List), Parte IV Das eleições (Elections), Parte V – Disposições Gerais e Transitórias (General and Temporary Provisions).

Among the several Acts that rule the electoral system, the most important ones are listed below:

  1. Act n. 6091, 15 August, 1974, which provides, among others, for free transportation on election day to voters living in rural areas (and makes further provisions);
  2. Act n. 6996, 7 June, 1982, which rules on electronic data processing in electoral services and makes further provisions);
  3. Act n. 7444, 20 December, 1985, which rules on the adoption of electronic data processing for compilation and revision of voter lists and makes further provisions);
  4. Supplementary Act n. 64, 18 May, 1990, which rules, in accordance with art. 14, § 9, of the Federal Constitution, on application of the ineligibility clause;
  5. Act n. 9096, 19 September, 1995, which rules on political parties, and regulates articles 17 and 14, paragraph 3, item V, of the Federal Constitution;
  6. Act n. 9504, 30 September, 1997, which rules on election proceedures

Reference Work

BRASIL. Código eleitoral (1965). Código Eleitoral: Lei n. 4.737, de 15-7-1965, atualizada pelas Leis n. 9.504, de 30-9-1997 e n. 9.840, de 28-9-1999 : acompanhado de legislação especial sobre: Constituição Federal (dispositivos), eleições municipais, inelegibilidades, multas eleitorais, partidos políticos, plebiscito, referendo e iniciativa popular, responsabilidade de prefeitos e vereadores, súmulas do TSE, índices sistemático e alfabético-remissivo do Código Eleitoral e cronológico da legislação especial / obra coletiva de autoria da Editora Saraiva com a colaboração de Antônio Luiz de Toledo Pinto, Márcia Cristina de Siqueira. 18.ed. atual. aum. São Paulo : Saraiva, 2000. 307p. ISBN 8502023284

4.2.15 Código Florestal [Forest Code]

The Forest Code was established by Act n. 4771, 15 September, 1965.

Reference Work

MORAES, Luís Carlos Silva de. Código Florestal comentado : com as alterações da lei de crimes ambientais, Lei n. 9.605-98. São Paulo: Atlas: 1999. 260p.

4.2.16 Código Penal [Criminal Code]

Basic Legislation on Criminall Law includes, among others: Crimminal Code, its General Part introduced by Act n. 7209, 11 July, 1984; its Special Part according to provisions established by Decree-Law n. 2848, 7 December, 1940, Penalty Act (Act n. 7.210, 11 July, 1984) and respective amendments, and several further legal instruments, as those related to Authority Abuse (Act n. 4.898, 9 December, 1965, and respective amendments); Act on People´s Economy (Act n. 1521, 26December, 1965 and respective amendments), Afonso Arinos Act – on race or color bias or prejudice (Act n. 1390, 3 July, 1951, as amended), the Press Act (Act n. 5250, 9 February, 1967 as amended.

Reference Work

BRASIL. Código Penal (1940). Código Penal: Decreto-lei n. 2.848, de 7 de dezembro de 1940, atualizado e acompanhado de legislação complementar, também , de súmulas e de índices: sistemático e alfabético-remissivo do Código Penal, cronólogicos da legislação e alfabético da legislação complementar, da lei de introdução, da lei das contravenções penais 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. 38.ed. São Paulo: Saraiva, 2000. 759p. ISBN 8502022113

4.2.17 Código Tributário Nacional [National Revenue and Taxation Code]

The National Revenue andTaxation Code was established by Act n. 5172, 25 October, 1966. It is divided into two books: National Taxation System and General Rules on Taxation Law.

The first book includes legislation on tax competence, taxes, charges, specific benefits charges, revenue sharing. The second book rules on tax legislation, tax due, tax credit and tax administration.

Reference Work

BRASIL. CODIGO TRIBUTARIO NACIONAL (1966). Código Tributário Nacional: Lei n. 5.172, de 25-10-1966, atualizada e acompanhada de legislação complementar, súmulas e índices sistemático e alfabético-remissivo do Código Tributário Nacional, cronológico 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 Pinto e márcia Cristina Vaz dos Santos Windt. 28. Ed. São Paulo: Saraiva, 1999. 862p. ISBN 85-02-02208-3

4.2.18 Consolidação das Leis do Trabalho (CLT) [Consolidation of Labor Laws]

The Consolidation of Labor Laws, usually known as CLT, was passed during President Getúlio Vargas´administration, May 1, 1943. It resulted from the work of a Committee formed by a small number of famous jurists, assigned to present a bill for the Consolidation of all Labor and Social Security legal instruments. No contribution was received from the National Congress which, at the time, was kept inactive by the President of the Republic.

It includes 922 articles, and 11 chapters, as follows: Título I – Introdução (Introduction); Título II – Das normas gerais de tutela do trabalho (General Standards on Labor Protection); Título III – Das normas especiais de tutela do trabalho (Special Standards on Labor Protection); Título IV – Do contrato individual do trabalho (Individual Labor Contract); Título V – Da organização sindical (Labor Union Organization); Título VI – Das convenções coletivas de trabalho (Labor Collective Conventions); Título VI a – Das comissões de conciliação prévia (Preliminary Conciliation Committees); Título VII – Do processo de multas administrativas (Administrative Penalties Procedures); Título VIII – Da justiça do trabalho (Labor Justice); Título IX – Do Ministério Público do Trabalho (Federal Labor Prosecution); Título X – Do Processo Judiciário do trabalho (Labor Judicial Proceedings); and Título XI – Disposições finais e transitórias (Temporary and Final Provisions).

Reference Work

BRASIL. Consolidação das Leis do Trabalho (CLT) (1943). Consolidação das Leis do Trabalho: texto do Decreto-lei n. 5.452, de 1-5-1943, atualizado e acompanhado de notas à legislação correlata, de legislação trabalhista especial, de regimento interno do TST (excerto), de súmulas do STF, STJ e TFR (em matéria trabalhista) e do TST (enunciados 1 a 362). São Paulo: Saraiva, 2000. 1061p. ISBN 8502022660.

4.2.19 Estatuto da Criança e Adolescente [Child and Adolescent Statute]

The Child and Adolescent Statute was passed into law in 1990 (Act n. 8069,.July13)

The Statute is divided into two books: General Part and Special Part. Book I, General Part, has three Titles: Das Disposições Preliminares (Preliminary Provisions) (arts. 1 to 6), Dos Direitos Fundamentais (Fundamental Rights) (arts. 7 to 69, Da Prevenção ( Preventive Measures) (arts. 70 to 85).

Book II, Special Part, comprises seven Titles: Da Política de Atendimento (Assistance Policy) (arts. 86 94), Das Medidas de Proteção (Protection Measures) (arts. 95 a 102), Da Prática de Ato Infracional (Criminal Offenses) (arts. 103 a 128), Das Medidas Pertinentes aos Pais ou Responsável (Duties Binding Parents or Guardians)(arts. 129 e 130), Do Conselho Tutelar (Guardianship Council ) (arts. 131 a 140), Do Acesso à Justiça (Acess to Justice) (arts. 141 a 224), Dos Crimes e das Infrações Administrativas (Crimes and Administrative Offences) (arts. 225 a 258) and, finally, Disposições Finais e Transitórias (Temporary and Final Provisions) (arts. 259 to 267).

Reference Work

CURY, Munir. Estatuto da Criança e do Adolescente anotado. 2. ed. rev. e atual. São Paulo: Revista dos Tribunais, 2000. 552p. ISBN 85-203-1812-6

4.3 Topic Search

4.3.1 Science and Technology

The Ministry of Science and Technology is responsible for the conception and enforcement of the National Policy on Science and Technology, in accordance with provisions established in Chapter IV of the 1988 Federal Constitution. The Ministry was created in March15, 1985, by Decree-Law n. 91146, 15 March, 1985, in its capacity of central body of the Federal System of Science and Technology. Its province includes the national scientific and technological heritage and its further development; its related policy on cooperation and interchange; definition of the National Policy on Science and Technology; coordination of sector policies; the national policy on research development, production and use of new high technology services and materials.

Its web page offers access to such legal instruments as acts, decrees, presidential Temporary measures, administrative directives and other normative acts related to science and technology activities in the country.

4.3.2 Foreign Trade

The Customs Regulations result from the amalgamation of all provisions on customs legislation (Decree n. 91030, March 1985, and its supplementary rules). The Foreign Trade Tax Legislation is directly related to the import tax on foreign products (II), the tax on industrialized products (IPI) and the export tax (IE) and also to contributions, charges and foreign exchange infractions related to import and export activities. All administrative legislation on Foreign Trade is included in Directive SCE n.2, 22 December, 1992, and Directive SECEX n. 21, 12 December, 1996 and its supplementary normative regulations.

Power to enforce foreign trade policies in Brazil is assigned to several ministries. The main bodies involved are the Foreign Trade Chamber (CAMEX), Foreign Trade Secretariat (SECEX), Federal Revenue Secretariat (SRF), and Brazil Central Bank (BACEN). Respective homepages display all customs and foreign trade legislation.

Reference Works

COLETÂNEA DAS LEIS DO COMERCIO EXTERIOR. — v. 1 (19??)- . São Paulo: Aduaneiras, 19??- . (Publicação periódica atualizável em folhas soltas).

MARQUES, Alexandre de Moura. Comércio exterior: aspectos relativos às operações de comércio exterior e internacional. Porto Alegre: Síntese, 1999. 83p.

REGULAMENTO ADUANEIRO : DECRETO N. 91.030, DE 05 DE MARÇO DE 1985. 26. ed. São Paulo: Aduaneiras, 1999. 181p.

SISCOMEX IMPORTAÇÃO : NORMAS GERAIS. 11. ED. São Paulo: Aduaneiras, 1999. 204p.

4.3.3 Children and Adolescents

The 1988 Constitution has established all duties binding the family, the society and the State regarding children and adolescents. Among others, the special nature of labor by minors was established in following items of paragraph 3, article 227:

“I – minimum age of fourteen years to be hired for employment , with due regard to provisions in article 7, XXXIII;
II – guarantee of social security and labor rights;
III – guarantee of school access for the adolescent worker;
IV – guarantee of full and formal acknowledgement of offense determination, equal rights in the procedural relationships and technical defense by a qualified professional, pursuant to provisions set by a specific protection legislation;
V – compliance with the principles of brevity, specificity and respect to the peculiar conditions of a developing person, when applying any measures to restrain freedom;
VI – Government support, by means of legal assistance, tax incentives and subsidies, as provided by law, to the protection, through guardianship, of orphaned or abandoned children or adolescents;
VII – prevention and special assistance programs for children and adolescents addicted to narcotics or related drugs.”

The 1988 Constitution further establishes that minors under eighteen years of age may not be held criminally liable; instead they shall be subject to the ruling of special legislation. It also determines that the law shall severely punish abuse, violence and sexual exploitation of children and adolescents. It provides for adoption, its cases and conditions, which shall be assisted by the Government.

In order to address the new constitutional framework, and to comply with the latest policy of integral protection to children and adolescents a new legislation was needed: thus the Child and Adolescent Statute came to pass (Act n. 8069, 13 July, 1990).

The Statute is divided into two books: General Part and Special Part. The General Part comprises three Titles: Das Disposições Preliminares (Preliminary Provisions)(arts. 1. to 6.), Dos Direitos Fundamentais (Fundamental Rights) (arts. 7. to 69.), Da Prevenção (Preventive Measures) (arts. 70. to 85.)

The Special Part comprises seven Titles: Da Política de Atendimento (Assistance Policy) (arts. 86 to 94), Das Medidas de Proteção (Protection Measures) (arts. 95 to 102), Da Prática de Ato Infracional (Criminal Offences) (arts. 103 to 128), Das Medidas Pertinentes aos Pais ou Responsável (Duties binding Parents Or Guardians) (arts. 129 and 130), Do Conselho Tutelar (Guardianship Council) (arts. 131 to 140), Do Acesso à Justiça (Access to Justice) (arts. 141 to 224), Dos Crimes e das Infrações Administrativas (Crimes and administrative Offences) (arts. 225 to 258), and finally Das Disposições Finais e Transitórias (Temporary and Final Provisions) (arts. 259 to 267).

All legislation providing for the protection of Children and Adolescents in Brazil (including an English version of the Statute – ECA) can be accessed by visiting the website of the National Council for the Rights of Children and Adolescents (CONANDA).,

Reference Works

BRASIL. Estatuto da Criança e do Adolescente (1990). Estatuto da Criança e do Adolescente : Lei n. 8069, de 13 de julho de 1990. Vauledir Ribeiro Santos, Cláudia Beatriz M. Rodrigues, organização, remissões e índices. Campinas : Jurídica Mizuno, 1999. 381p.

CURY, Munir. Estatuto da criança e do adolescente anotado. 2. ed. rev. e atual. São Paulo: Revista dos Tribunais, 2000. 552p. ISBN 85-203-1812-6

FIRMO, Maria de Fátima Carrada. A criança e o adolescente no ordenamento jurídico brasileiro. Rio de Janeiro : Renovar, 1999. 258p. ISBN 85-7147-119-3

LIBERATI, Wilson Donizeti. Comentários ao Estatuto da Criança e do Adolescente. 4. ed., 2. tiragem. São Paulo : Malheiros, 1999. 255p. ISBN 85-7420-096-4

QUEIROZ, Ari Ferreira de. Direito da Criança e do Adolescente. 4. ed. rev., ampl. e atual. 2. tiragem. Goiânia : IEPC, 1999. 191p. (Coleção Jurídica)

SAAD, Martha Solange Scherer. Adoção Civil: implicações jurídicas em face da constituição federal e do estatuto da criança e do adolescente. São Paulo: Jurídica Brasileira, 1999. 60p. (Coleção Explicando Direito). ISBN 85-86271-38-1

SZNICK, Valdir. Adoção: Direito de Família, guarda de menores, tutela, pátrio poder, adoção internacional. 3. Ed.. rev. e atual. São Paulo: LEUD, 1999. 532p. ISBN 85-7456-013-8

VERONESE, Josiane Rose Petry. Os direitos da criança e do adolescente. São Paulo : LTR, 1999. 208p. ISBN 85-7322-762-1

4.3.4 Culture

The site on the Ministry of Culture supplies the full text of all Acts, Provisional Measures, decrees, administrative directives and normative instruments related to culture, with special focus on audio/video, authorship rights and software legislation. Subjects are indexed, though without hyperlink.; in order to access any item, you will have to note down the number of the legal instrument and return to the Homepage. There is also a link to “international agreements” signed by the Brazilian Government, though only the legislative reference and not the full text is supplied.

4.3.5 Consumer Rights

The Consumer Protection Code (CDC) was established by Act n. 8078, 11 September, 1990, published in the Federal Official Gazette dated 12 September, 1990, and in force since 11 March, 1991. It is based on article 5., item XXXII and article 170., item V of the Federal Constitution.

The CDC is divided into six Titles: TÍTULO I – Dos Direitos do Consumidor (Consumer Rights), TÍTULO II – Das Infrações Penais (Criminal Offences), TÍTULO III – Da Defesa do Consumidor em Juízo (Consumer Defense), TÍTULO IV – Do Sistema Nacional de Defesa do Consumidor (On the National System of Consumer Protection), TÍTULO V Da Convenção Coletiva de Consumo (Consumer Collective Agreement), and TÍTULO VI – Disposições Finais (Final Provisions).

All agencies dealing with Consumer Protection are subordinated to the Ministry of Justice. The duty of the Administrative Council on Economic Protection (Conselho Administrativo de efesa Econômica – CADE) is to protect free economic competition, spread the concept of competition by enlightening people on the matter of infringement of the economic order and decide on matters related to such infringements. The Council’s authority covers the whole country. Its homepage supplies all resolutions published on the subject. It also offers links to agencies related to conpetition protection in foreign countries.

The Ministry of Justice’s web page supplies access to the CDC and related legislation. In link “serviços”, select “consumidor” which will lead you to four further links: “Código de Defesa do Consumidor “(full text of the CDC), “Consulta a órgãos de Defesa do Consumidor” (access to state agencies on consumer protection), “Legislação” (full text of related legislation, which can be accessed by type of normative rule and by subject), and National System for Consumer Protection.

Reference Works

ALMEIDA, João Batista de. A proteção jurídica do consumidor. 2.ed. rev. atual. e ampl. São Paulo: Saraiva, 2000. 586p.

BATISTI, Leonir. Direito do consumidor para o Mercosul: enfoque jurídico e econômico dos blocos de integração. Curitiba : Juruá, 1998. 482p.

CÓDIGO de proteção e defesa do consumidor. Anotado por Juarez de Oliveira e Ana Cláudia Ferreira de Oliveira. 2. ed. São Paulo: J. Oliveira, 2000. 272p.

GAMA, Hélio Zaghetto. Curso de direito do consumidor. Rio de Janeiro: Forense, 1999. 205p.

LOUREIRO FILHO, Lair da Silva. Código do consumidor interpretado pelos tribunais. São Paulo: J. de Oliveira, 2000.

NUNES, Luiz Antônio Rizzatto. O código de defesa do consumidor e sua interpretação jurispurdencial. 2. ed. rev. e ampl. São Paulo: Saraiva, 2000. 589p.

SAAD, Eduardo Gabriel. Comentários ao código de defesa do consumidor: Lei n. 8.078, de 11-9-90. 4. ed. rev. e ampl. São Paulo: LTR, 1999. 796p.

SANTOS, Ozéias J. Código de defesa do consumidor interpretado. Campinas : Aga Juris, 1998. 471p.

4.3.6 Education

The Brazilian Educational System is ruled by the “Education Guidelines and Framework Act” (LDB), Act n. 9394, dated 20 December, 1996, also known as “Darcy Ribeiro Act”. The full text of this Act can be accessed in the Ministry of Education (MEC) homepage. Likewise you may access all legislation ruling on Higher Education, Distance Learning, Professional Education, the Fund for Elementary Education Maintenance and Development and for Teaching Excellence Recognition, Resolutions and Opinions by the National Council on Education.

Another remarkable research source on educational legislation is the homepage on the National Institute of Studies and Research on Education, “Instituto Nacional de Estudos e Pesquisas Educacionais (INEP) (www.inep.gov.br), that has developed a system called “Sistema ProLei” (Program of Integrated Educational Legislation), where you may access federal, state or municipal legislation on the matter.

Reference Works

AGUIAR, Ubiratan. LDB comentada. Fortaleza : Premius, Livro Técnico, 2000. 547p.

BOMFIM, C. Calheiros. Lei de Diretrizes e Bases da Educação e Legislação Complementar. 2.ed. Rio de Janeiro : Destaque, 1999. 86p.

CARDOSO, Claiton Muriel (org.). Indicador educacional atualização 1999: legislação e jurisprudência da educação brasileira, inclusive tribunais. Belo Horizonte : EdiTau, 2000. 140p.

LOPES, Maurício Antônio Ribeiro. Comentários A Lei de Diretrizes e Bases da Educação: Lei 9.394 de 20.12.1996 e Jurisprudência sobre Educação. São Paulo: Revista dos Tribunais,1999. 502 p.

4.3.7 Elections

The fundamental sources of Electoral Law are: The Electoral Code (Act n. 4737, 15 July, 1965, and its several revisions ), Organic Act of the Political Parties (Act n. 9096, 19 September, 1995) and Supplementary Act n. 64, 18 May, 1990, that establishes the cases of non eligibility.

The Brazilian Electoral Code has 383 articles and is divided into five parts, namely: Parte I – Introdução (Introduction), Parte II – Dos órgãos da Justiça Eleitoral (Electoral Justice Bodies), Parte III – Do alistamento (Voters List), Parte IV Das eleições (Elections), Parte V – Disposições Gerais e Transitórias (General and Temporary Provisions).

At the time of each election the Higher Electoral Court (TSE) issues new Resolutions, which are important information sources. These Resolutions update the electoral process.

The Higher Electoral Court homepage (TSE) supplies information on electoral legislation.

Reference Works

FERREIRA, Pinto. Código eleitoral comentado. 5.ed. ampl. e atual. São Paulo: Saraiva, 1998. 532p.

JOBIM, Nelson, PORTO, Walter Costa (org.). Legislação eleitoral no Brasil: do Século XVI a nossos dias. Brasília : Senado Federal, 1996. 3v.

PORTO, Walter Costa. Dicionário do voto. São Paulo: Giordano, 1995. 390p.

RIBEIRO, Fávila. Direito eleitoral. 5.ed. Rio de Janeiro: Forense, 1998. 762p.

4.3.8 Environment

Environment legal protection in Brazil has very old roots, according to Wainer’s statement2 that “the evolution of environmental legislation in Brazil dates back to the Portuguese rich legislation on the matter, as we were a Portuguese colony until the beginning of XIX century. […] Those rules aimed at protecting the Brazilian riches which supplied the mother country, especially wood, used to foster the commercial navy.”

Starting with the Stockholm conference in 1972, several normative acts were established aiming to protect the environment.

Brazilian legislation on the matter is rather comprehensive, starting with the Federal Constitution, encompassing the Criminal and Civil Codes. There is also specific and supplementary legislation at federal, state and municipal levels.

The site on the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) offers the possibility to look for references on legislation on environment issues.

The Environment National Council (CONAMA), an agency subordinated to the Ministry of the Environment, Water Resources and Legal Amazon (MMA), gives access, in its site http://www.mma.gov.br/port/conama/index.html, to basic legislation on Environment issues:

  • Act n. 6902, 27, April, 1981, which, among other provisions, provides for the creation of ecological stations, and areas of environmental protection and makes further provisions;
  • Act n. 6938, 31st August, 1981, which provides for the Environment National Policy, its goals and proceedings (formulation and implementation mechanisms);
  • Decree n. 99274, 6 June, 1990, which regulates Act n. 6902, 27 April, 1981, and Act n. 6938, 31 August, 1981, which provides for the creation of Ecological Stations and Areas of Environmental Protection, and for the Environment National Policy, respectively;
  • Decree n. 2120, 13 January, 1997, which rewrites art. 5, 6 10 and 11 of Decree n. 99274, 6 June, 1990, which regulates Act n. 6902, 27 April, 1981, and Act n. 6938, 31 August, 1981; and
  • Resolutions published between 1984 and 2000, listed in yearly sequence, which can only be accessed by its respective number.

The site Universo Verde (Green Universe) developed by União da Faculdades do Médio Norte offers access to the full text of federal normative acts on Environment, classified by subject.

Reference Works

CARVALHO, Carlos Gomes de. Legislação ambiental brasileira: contribuição para um código nacional do ambiente. LEME :LED, 1999. 2 V.

BITTENCOURT, Sidney. Comentários a nova Lei de Crimes contra o Meio Ambiente e suas sanções administrativas: Lei 9.605 de fevereiro de 1998. Rio de Janeiro : TEMAS & IDEIAS, 1999. 185p.

BRASIL. Conselho Nacional do Meio Ambiente. Resoluções do Conselho Nacional do Meio Ambiente. Brasília : W.D. Ambiental, 1999. 932p.

DEEBEIS, Toufic Daher. Elementos de Direito Ambiental brasileiro. São Paulo : Liv. e Ed. Universitária de Direito, 1999.

JUNGSTEDT, Luiz Oliveira Castro (org.). Direito ambiental: legislação. Rio de Janeiro : Thex, 1999. 787p.

LEGISLAÇÃO DO MEIO AMBIENTE. São Paulo : LTR, 1999. 496p. (LTR BIBLIOTECA BASICA).

MAGALHÃES, Juraci Perez. A evolução do Direito Ambiental no Brasil. São Paulo : Oliveira Mendes, 1998.

SILVA, Pedro Paulo de Lima e et al. (Org.). Dicionário brasileiro de Ciências Ambientais. Rio de Janeiro : Thex, 1999. 247p.

WAINER, Ann Helen. Legislação ambiental brasileira : subsídios para a história do Direito Ambiental. 2.ed. Rio de Janeiro: Forense, 1999.

4.3.9 Mercosur

The legal framework of the Southern Common Market (Mercosur) includes the Asuncion Treaty (1991), Brasilia Protocol for the Settlement of Disputes (1991), Protocol for the Cooperation and Legal assistance in Civil, Commercial, Labor and Administrative issues (Las Leñas, 1992), Buenos Aires Protocol on International Jurisdiction over Contractual Matters, Ouro Preto Protocol (1994), and the Agreement on Commercial Arbitration.

The homepage on the Ministry of Foreign Relations (MRE) (www.mre.gov.br) offers a link to Mercosur. Mercosur database provides all fundamental legal texts and decisions by the the Common Market Council (CMC), resolutions by the Common Market Group (GMC) and guidelines issued by the Mercosur Market Trade Commission.

Reference Works

BAPTISTA, Luiz Olavo. O Mercosul, suas instituições e ordenamento jurídico. São Paulo: LTr, 1998. 272p. ISBN 85-7322-374-X

GARCIA JUNIOR, Armando Álvares. Guia prático do Mercosul para profissionais de Direito. São Paulo: Ltr, 1999. 134p. ISBN 85-7322-641-2

SILVA, Hebe Teixeira Romano Pereira da. O que o Brasil precisa saber sobre o Mercosul. Brasília: Brasília Jurídica, 1999. 335p.

SOARES, Mário Lúcio Quintão. Mercosul, direitos humanos, globalização e soberania. 2. Ed. rev. atual. e ampl. Belo Horizonte: Del Rey, 1999. 224p.

4.3.10 Social Security

The basic legislation ruling the Social Security System in Brazil encompasses:

Act n. 8212, 27 July, 1991 (consolidated and published in the Federal Official Gazette dated 14 August, 1998), which provides for the Social Welfare organization and establishes the Plan of Outlays, with due amendments and Presidential Provisional Measures, published later; Act n. 8213, 24 July, 1991, (consolidated and published in the Federal Official Gazette, 14 August, 1998), which provides for the Social Security Benefits Plan, with amendments by means of Acts and Presidential Provisional Measures published later, the Social Security Regulation, established by Decree n. 3048, 6 May, 1999.

It is still worth noting that Constitutional Amendment n. 20, 15 December, 1998, has established new rules for future retirement of Social Security beneficiaries, including government employees.

SISLEX –Social Security System Legislation, previous court rulings and Opinions (Sistema de Legislação, Jurisprudência e Pareceres da Previdência e Assistência Social), elaborated by the Ministry of Social Security (MPAS), provides data on legislation, former court rulings and Opinions on Social Security. This page offers, among others, Acts, decrees, directives, implementing orders, legal digests and former court rulings by the Higher Courts, opinions and articles collected by several Brazilian Public Social Security agencies.

Reference Works

BRASIL. LEIS ETC. Legislação previdenciária: Leis n. 8.212, custeio e 8.213, benefícios, de 24 de julho de 1991. Porto Alegre: S. A. FABRIS: ANPREV, 2000.

BRASIL. LEIS ETC. Consolidação da legislação previdenciária: regulamento e legislação complementar: plano de custeio, lei n. 8.212/91, consolidada em 11-4-96, e leis atualizadoras, plano de benefícios, lei n. 8.213/91, consolidada em 11-4-96 e leis atualizadoras, decretos ns. 2.173 e 2.172, de 5-3-97. Organizada por Aristeu de Oliveira. 8. ed. São Paulo: Atlas, 1999. 927p.

CUNHA, Lasaro Cândido da. Reforma da Previdência: Noções gerais do Sistema Previdenciário brasileiro e comentários a Emenda Constitucional n. 20, promulgada em 15 de dezembro de 1998, publicada no Diário Oficial de 16.12.98. Belo Horizonte: Del Rey, 1999. 128p.

FELIPE, Jorge Franklin Alves. Previdência Social na prática forense. 8. ed. rev. e atual. Rio de Janeiro: Forense, 1999. 386 p.

JULIÃO, Pedro Augusto Musa. Curso básico de Direito Previdenciário. Rio de Janeiro: Forense, 1999. 217p. ISBN 85-7436-042-2

LEGISLAÇÃO PREVIDENCIARIA. Org. notas e revisão por Iara P. Fontoura, Emílio Sabatovski. 3. ed., 2. tiragem. Curitiba: Juruá, 1999. 514p. ISBN 85-7394-116-2

MARTINEZ, Wladimir Novaes. Reforma da Previdência Social: comentários a Emenda Constitucional n. 20-98. São Paulo: LTr, 1999. 246p.

MARTINS, Sérgio Pinto. Direito da seguridade social: custeio da seguridade social, benefícios, acidente de transito, assistência social, saúde. 10. ed. São Paulo : Atlas, 1999. 450p. ISBN 85-224-2074-2

PAIXÃO, FLORICENO. A previdência social em perguntas e respostas. 36. ed. Porto Alegre: Síntese,1999. 992p. ISBN 85-7131-070-X

SOUZA, Leny Xavier de Brito E. Previdência Social: normas e cálculos de benefícios. 4. ed. atual. São Paulo: LTr, 1999. 149p. ISBN 85-7322-607-2

TAVARES, Marcelo Leonardo. Direito previdenciário. Rio de Janeiro: Lumen Juris, 2000. 322p.: il.

4.3.11 Radio Broadcasting

Decree n. 52795, 31ST. October, 1963, which approved radio broadcasting services, is the fundamental text on the matter, together with Decree n. 2615, June 3, 1998, which ruled on community radio broadcasting services. Created by Act n. 9612, 19 February, 1998.

In Ministry of Communications’ homepage you can have access to legislation on this issue.

Likewise, the Communications National Agency’s homepage (ANATEL) displays legislation on the area.

Reference Works

PIMENTA, Eduardo S. Direito conexo da empresa de radiodifusão e assuntos correlatos. São Paulo: Lejus, 1999. 440 p.

TAVARES, Reynaldo C. Histórias que o rádio não contou: do galena ao digital, desvendando a radiodifusão no Brasil e no mundo. 2. Ed. São Paulo: Harbra, 1999. 309 p.: il., Retrs. + cd-rom.

4.3.12 Land Reform

The first efforts to structure Agrarian Law in Brazil date back to 1914, however, only much later, in 1965, was the Land Statute established by Act n. 4504, 30 November, 1965. This text is still the basic piece of legislation on Land Reform.

The National Institute of Settlement and Land Reform (INCRA) offers legislation texts on this area, with searches by type of ruling and data in chronological order.

Reference Works

LARANJEIRA, Raymundo (coord.). Direito agrário brasileiro. São Paulo: LTr, 1999. 829p. ISBN 85-7322-708-7

LINHARES, Maria Yedda Leite. Terra prometida: uma história da questão agrária no Brasil. Rio de Janeiro : Campus, 1999. 211p. ISBN 85-352-0375-5

MARQUES, Benedito Ferreira. Direito agrário brasileiro. 2.ed. rev. e atual. Goiânia: AB, 1998. 292p. ISBN 85-86000-36-1

PILLETI, Nelson, MOSOLINO, Ivone. A questão da terra no Brasil. Caxias do Sul: Maneco Liv. & Ed., 1999. 112p.

PROENÇA, Alencar Mello. Direito agrário. Porto Alegre: Síntese, 1999. 406p. ISBN 85-7131-039-4

SCHIMIDT, Benício Viero, MARINHO, Danilo Nolasco C., ROSA, Sueli L. Couto (org.). Os assentamentos de reforma agrária no Brasil. Brasília: Editora da Universidade de Brasília, 1998. ISBN 85-230-0517-X

4.3.13 Telecommunications

For the last six years, the Brazilian sector of telecommunications has been undergoing a restructuring process, and all its regulatory framework was considered and amended. Pires3 has identified six stages in this process:

  • Constitutional Amendment n. 8, 15 August, 1995, which eliminated the exclusivity of concession of charters for public services to government controlled companies; this decision resulted in a set of legislative measures aiming at introducing the free competition regime in the area of services concessions;
  • the Emergency Telecommunications Basic Act (Act n. 9.295, 19 July, 1996), provided for the establishment of criteria to concession of services charters, most of which were not yet being handled by private companies and were economically interesting, like “cell phone service”, “trunking services” , satellite services” and “value added services’ (paging and others which allow for the setting up of corporate networks); such Act was extremely important in that it established the legal conditions for public bid of charters for B Band cell phone services;
  • The Telecommunications General Act (LGT), Act n. 9472, 16 July, 1997, which, among others, defined the principles for the new institutional model of the area, created ANATEL (National Telecommunications Agency) and determined its role, established the guidelines of its tariff system, a new classification for telecommunication services (according to the interest by potential bidders and exploitation regime), the non exclusivity of service concessions and, finally, the guidelines to model and divestiture of state owned companies;
  • The Service Concession General Plan (PGO), Decree n. 2.534, 2 April, 1998, which set forth general parameters for establishing economic competition in the sector, by defining the working areas of the companies handling fixed telephone services and defining the basic rules for an open market and future authorizations for services operation;
  • The comprehensive restructure of Telebrás System (historically, Telebrás’ subsidiaries were granted charters to handle local services – including fixed and mobile telephone -, while Embratel controlled the segment of long distance and international calls); this state owned company was divided into three great holdings with charters for fixed telephone local services in order to attend to the needs of different geographic regions as defined by PGO (Telesp, Tele Note-Leste e Tele Centro-Sul); Embratel´s traditional profile was maintained and eight new chartered companies for Band A cell phone services were created to operate the services until then supplied by Telebrás subsidiary companies; and
  • the public bid to authorize the operation of mirror-companies in the same working areas of the chartered companies for fixed telephone services resulting from the divestiture of Telebras System, due to the legal determination of non exclusivity of those concessions.

Both homepages for the Ministry of Communications and for the Telecommunications National Agency (ANATEL) offer the full text of all mentioned legislation and other legislative acts regarding the telecommunications sector.

Reference Works

AZULAY NETO, Messod, LIMA, Antônio Roberto Pires de. O novo cenário das telecomunicações no direito brasileiro. Rio de Janeiro :Lumen Juris, 2000. 517p.

CELLI JUNIOR, Umberto. A nova organização dos serviços na Lei Geral de Telecomunicações. Revista de Direito Administrativo, Rio de Janeiro, n. 211, p. 151-161, jan./mar. 1998.

ESCOBAR, João Carlos Mariense. O novo direito de telecomunicações. Porto alegre: Livr. do Advogado, 1999. 250 p.

4.3.14 Traffic

The oldest Brazilian traffic legal instrument dates back to 1910. Later on further legislation was enacted. The first Traffic Code was established in 1941. It was replaced in 1966 by the new National Traffic Code (CNT), established by Act n. 5108, 1966. In the following year this Code was substantially altered by Decree-Law n. 237, 1967.

In 1973 and 1991 special Committees were created to study and propose a bill for a new Traffic Code. In 1993, the Executive Branch filed in the National Congress Bill n. 3710, 1993, which resulted in the Code in force at the time.

The Brazilian Traffic Code established by Act n. 9503, 23 September, 1997 is in force nowadays. It was amended by Act n. 9602, 21 January, 1998 and Act n. 9792, 14 April, 1999. It is regulated by Directives issued by the National Traffic Department (DENATRAN), resolutions, decisions and minutes of meetings held by the National Traffic Council (CONTRAN).

The site featuring the Brazilian Association of Traffic Departments, joins all Brazilian agencies in this area and supplies information on traffic legislation, on administrative directives by DENATRAN, resolutions, decisions and minutes from meetings held by CONTRAN, the National Traffic Code, statistical data on traffic accidents, fleet, public bids, fees, services, etc.

Reference Works

BRASIL. CODIGO DE TRANSITO BRASILEIRO (1997). Nova coletânea de legislação de trânsito. 16 ed. atual. até 11 de janeiro de 1999. Porto Alegre : Sagra Luzzatto, 1999. 676p. ISBN 85-241-0328-0

BRASIL. CODIGO DE TRANSITO BRASILEIRO (1997). Código de trânsito brasileiro : Lei n. 9.503, de 23 de setembro de 1997, modificada pelas Leis n. 9.602, de 21 de janeiro de 1998, e 9.792, de 14 de abril de 1999 : legislação complementar, Resoluções do CONTRAN até 111/2000, índice alfabético-remissivo do Código de Trânsito Brasileiro. 3. ed. atual. e ampl. São Paulo: Saraiva: 2000. 888p. ISBN 85-020-2610-0

HONORATO, Cássio Mattos. Trânsito infrações e crimes: comentários às normas administrativas e aos crimes de trânsito introduzidos pelo Código de Trânsito Brasileiro Lei nº 9.503/97. Campinas : Millennium, 2000. 604p. ISBN 85-868-3323-1.

MONTEIRO, Ruy Carlos de Barros. Crimes de trânsito e a aplicação da Lei n. 9.099, de 26.9.1995, e a responsabilidade civil. São Paulo: J. de Oliveira, 1999. 329p.

NOGUEIRA, Fernando Célio de Brito. Crimes do Código de Trânsito : de acordo com a Lei federal n. 9.503, de 23 de setembro de 1997: comentários, jurisprudência e legislação. São Paulo: Atlas, 1999. 218p. ISBN 85-224-2088-2

PINHEIRO, Geraldo de Faria Lemos, RIBEIRO, Dorival. Código de Trânsito Brasileiro interpretado. São Paulo : J. Oliveira, 2000. 496p. ISBN 85-7453-140-5

4.3.15 Taxation

The Brazilian taxation system had its guidelines established in the Federal Constitution, articles 145 to 162. According to the Constitution, the Union, States, Municipalities, and the Federal District have competence, either exclusive or concurrent, to institute taxes.

The Union has the power to institute and collect taxes on: importation of foreign products; exportation of national products; income and earnings of any nature, industrial products, rural property, credit, foreign exchange and insurance transactions or transactions relating to bonds or securities and on large fortunes.

States and the Federal District have the competence to institute and collect taxes on: descent or donation of any property or rights, transactions relating to the circulation of goods and to the operation of interstate and intermunicipal transportation services and communication services (ICMS) and on ownership of motorized vehicles (IPVA).

Municipalities have the competence to institute and collect taxes on: urban buildings and urban land property (IPTU), inter vivos property transfer (ITBI) and services of any nature (ISS).

According to the Federal Constitution (art. 154), only the Union has exclusive competence to institute new taxes. Access to the basic legislation on taxation can be found in the site belonging to the Secretariat of Federal Revenue (www.receita.fazenda.gov.br), using the link Legislação Tributária e Aduaneira. Search is either by subject or type of norm.

Reference Works

BALEEIRO, ALIOMAR. Direito Tributário Brasileiro. 11. ed. rev. e complementada, a luz da Constituição de 1988, ate a Emenda Constitucional n. 10-96. 6. tiragem. Rio de Janeiro: Forense, 2000. 1063p. ISBN 85-309-0506-7

BRASIL. CÓDIGO TRIBUTÁRIO NACIONAL. Código tributário nacional. 29. Ed. São Paulo: Saraiva, 2000. 914p. ISBN 85-02-02208-3

COELHO, Sacha Calmon Navarro. Curso de Direito Tributário brasileiro. Rio de Janeiro: Forense, 2000. 801 p. ISBN 85-309-0710-8

COELHO, Sacha Calmon Navarro. Manual de direito tributário. Rio de Janeiro: Forense, 2000. 542p. ISBN 85-309-1065-6

LACOMBE, Américo Lourenço Masset. Princípios constitucionais tributários. 2.ed. São Paulo: Malheiros, 2000. 226p. ISBN 8574202231

MARTINS, Ives Gandra da Silva (coord). Curso de Direito Tributário. 7.ed. São Paulo: Saraiva, 2000. 822 p. ISBN 8502030493.

<Table of Contents>

5. Bibliographic References and Citations

5.1 Bibliographic References

NBR 6023 issued by the Brazilian Association of Technical Norms (ABNT) is the standard adopted for the elaboration of bibliographic references.

The following are examples of bibliographic references by type of material. The order of elements necessary to identify the materials is between brackets.

5.1.1 Bibliographic References for Books

[SURNAME, Name. Title of the book. Edition number. Place: Editor, date. n of pages. ISBN]

PROENÇA, Alencar Mello. Direito agrário. Porto Alegre: Síntese, 1999. 406p. ISBN 85-7131-039-4

5.1.2 Bibliographic References for Articles in Periodicals

[SURNAME, Name. Title of the article. Title of the Periodical, place of publication, volume, number, first and last pages of the article, month or season of the year , year.]

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.

5.1.3 Bibliographic References for Joint Decisions, Judgements and Sentences by Courts or Tribunals

[PLACE (name of the Court or Tribunal). Type and number of appeal. Disputing parties. Rapporteur: Mr. So-and-So. Date of Joint Decision (if any) Source of Decision, Judgement or Sentence Publication. Majority opinion and dissenting opinion.]

BRASIL. Supremo Tribunal Federal. Deferimento de Pedido de Extradição. Extradição nº 410. Estados Unidos da América e José Antônio Fernandez. Relator: Ministro Rafael Mayer. 21 de março de 1984. Revista Trimestral de Jurisprudência, Brasília, v. 109, n. 3, p. 870-879, set. 1984.

5.1.4 Bibliographic References for Codes

[PLACE (country, state or town). Satandardized code name and (date). Title of the Publication: further information from covering page. Name of organizer or collaborators. Edition number. Place: Editor, date. Number of pages. ISBN

BRASIL. Código eleitoral (1965). Código eleitoral anotado: Lei n. 4.737, de 15-7-1965, atualizado pelas Leis n. 9.504, de 30-09-1997 e n. 9.840, de 28-09-1999. Organizado por: Antônio Luiz de Toledo Pinto, Márcia Cristina de Siqueira. 18.ed. São Paulo: Saraiva (www.saraiva.com.br), 2000. 307p. ISBN 8502023284.

5.1.5 Bibliographic References for Laws, Decrees, Directives, etc.

[PLACE (country, state or town). Title (type of instrument, n. and date). Abstract. Indication of the official gazette).

BRASIL. Decreto-Lei nº 2.423, de 7 de abril de 1988. Estabelece critérios para pagamento de gratificações e vantagens pecuniárias aos titulares de cargos e empregos da Administração Federal direta e autárquica e dá outras providências. Diário Oficial da União, Brasília, v. 126, n. 66, p.6009. Seção 1.

5.2 Citations and Quotations

Quotations must comply with standard NBR 10520 of ABNT (Brazilian Association of Technical Standards)

If quotation is no longer than three lines it must be inserted within the running text; longer quotations are set off from the text by being indented both right and left.

All data necessary to identify the publication from which quoted matter within the text, an idea paraphrased, etc. was taken, must be listed. Such citations can be inserted within the text or appended as a note at the foot of the page, or at the end of the complete text.

5.2.1 Citation Format Rules

Citation sentences may comply either with the numeric references method or first element-date method. According to the numeric references method, superscript, parenthetical or bracketed numerals, inserted a the end of the quotation, refer to documents in the order in which they are first cited. Subsequent citations of a particular document receive the same number as the first. For example:

Diz Rui Barbosa: “Tudo é viver, previvendo …15
Diz Rui Barbosa: “Tudo é viver, previvendo…” (15)
Diz Rui Barbosa: “Tudo é viver, previvendo … [15]

According to the first element-date method, the first element (author’s surname, institution or entry title) and year of publication of the document cited are given in the text; the year follows in parentheses, but if not, both the first element and year are given in parentheses. If necessary, page numbers may be given after the year within parentheses, set off by commas. For example:

Num estudo recente (Barbosa, 1998) é exposto…
Segundo Morais (1995, p.153) assinala, “ a presença dos pais assegura …”
A multiplicidade de leis atinge proporções … (Oliveira & Leonardos, 2000, p.146).

5.2.2 Examples

5.2.2.1 Citation of the Federal Constitution

As already mentioned and besides the careful discipline of the legislative process the current Constitution also cites briefly code bills. However, in what regards the process or procedure of amalgamation, the Constitution only mentions, in art. 59, sole paragraph, the need to prepare supplementary legislation to deal with amalgamation of all amendments to original instruments. Literally:

“Art. 59 ……
(…)
Sole Paragraph. Supplementary legislation shall provide for the preparation, drafting, amendment and amalgamation of legal instruments.”

5.2.2.2 Code Citation

Finally, and as it should be, the legal instrument concerning adoption was regulated by 1916 Civil Code (Act n. 3071, 1 January, 1916).

5.2.2.3 Legal Citation

The theme adoption is regulated by Act n. 8069, 13 July, 1990, in articles 39 to 52; this rule establishes the Child and Adolescent Statute. Articles 42 to 46 deal with the theme in a generic form and paragraph 2 of art. 46 provides on adoption by foreigners.

From 1967 onwards, the Federal Government was legally allowed to hire public servants according to the standards of Consolidation of Labor Laws side by side with statutory servants. This regime duplicity was provided for in the Constitution of January 24, 1967, pursuant to art. 104, verbis:

“ Art. 104. The Labor Legislation is applied to public servants hired temporarily for civil works or for technical or specialized jobs.”

Still regarding this issue, Act n. 8974, 5 January, 1995, known as Act on Biosafety, was the first step in the process of regulating, nationwide, the use of genetical engineering and liberalization of genetically altered organisms.

5.2.2.4 Citation Sentences from Books or Periodicals

Ivan Barbosa Rigolin (1992, p.364), in his “Comments on the Unified Regime of Public Servants” openly shows his revolt:

“Art. 243, the lowest point attained by the legislator in this Act n. 8112 [Act n. 8112/90] , against the Constitution principles, has simply changed jobs, performed by tenured servants into statutory jobs.”

Masso Garrote, in his massive article “Aspectos politicos y constitucionales sobre la participación electoral de los extranjeros en el Estado nacional“, states:

“The foreigner within a community is not entitled to the protection of gods nor can he invoke or worship them, nor even can he, at the service of the community, take part in its institutions, be equal to its citizens, be entitled to citizens rights. He is reckoned a negation to the capacity of representing the town or the empire and therefore, the foreigner can only be regarded as a disabled person.”

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Translated from Portuguese by
ISABEL TAVEIRA and VANIRA TAVARES,
Translators at the Brazilian Federal Senate.

Footnotes

1 The Office of the Prosecutors for the Public Interest belongs neither to the Executive Branch nor to the Judicial Branch. The 1988 Constitution confers upon it an autonomous role so that it can better perform its functions as guardian of the Constitution, democracy, legality, public interests, and inalienable individual interests. (BASTOS, Aurélio Wander. Introdução à teoria do Direito. 2. ed. Rio de Janeiro: Lumen Juris, 1999. 309p) <back to text>

2 WAINER, Ann Helen. Legislação ambiental brasileira: evolução histórica do Direito Ambiental. Revista Forense (www.forense.com.br ), Rio de Janeiro, v. 88, n. 318, p. 19-26, abr./jun. 1992. <back to text>
3 PIRES, José Cláudio Linhares. A Reestruturação do setor de telecomunicações no Brasil. Revista do BNDES, Rio de Janeiro, v. 6, n. 11, p. 187-214, jun 1999. <back to text>

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