Federal Constitution and Law of Brazil

Конституция Бразилии

The highest court is the Supreme Federal Tribunal. This system has been criticised over the last decades due to the slow pace at which final decisions are issued. Lawsuits on appeal may take several years to resolve, and in some cases more than a decade elapses before definitive rulings are made.

Brazilian law is based on Roman-Germanic traditions. Thus, civil law concepts prevail over common law practices. Most of Brazilian law is codified, although non-codified statutes also represent a substantial part of the system, playing a complementary role. Court decisions set out interpretive guidelines; however, they are not binding on other specific cases except in a few situations. Doctrinal works and the works of academic jurists have strong influence in law creation and in law cases.

The legal system is based on the Federal Constitution, which was promulgated on 5 October 1988, and is the fundamental law of Brazil. All other legislation and court decisions must conform to its rules. As of April 2007, there have been 53 amendments. States have their own constitutions, which must not contradict the Federal Constitution. Municipalities and the Federal District do not have their own constitutions; instead, they have "organic laws" (leis orgânicas). Legislative entities are the main source of statutes, although in certain matters judiciary and executive bodies may enact legal norms.