Introduction Brazilian Legal System

Anna Patricia China

Getting
g ready
y ...
What makes legal language difficult?
have the texts in hand
Introduction to Brazil's Legal
g System
y

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dictionary

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Articles

One of the main

reasons why legal
English is sometimes
difficult to understand
is that it is often very
different from ordinary
English.

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What makes legal

g language
g g difficult?

This compromises two issues:

1 - The writing conventions are different:
sentences often have peculiar structures,
punctuation is used insufficiently
foreign phrases are sometimes used instead of
English phrases (inter alia instead of among
others );
unusual p
pronouns ((the same,, the aforesaid,,
etc.);
unusuall sett phrases
h
are tto b
be ffound
d ((nullll and
d
void, all and sundry).
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2 - A large number of difficult words and

phrases are used. These fall into four
categories:
t
i
a) Legal terms of art technical terms and
phrases that have precise and fixed legal
meanings
i
and
d which
hi h cannott usually
ll b
be
replaced by other words.
Example:
Absolute title Ownership of a legal estate
in registered land with a guarantee by the
state that no one has a better right to that
estate.
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b) Legal jargon compromises words used in Law

Law,
words range from near-slang to almost technically
precise words. Examples:
Boilerplate clause - Boilerplate provisions or clauses
usually appear at the end of a contract. Sometimes
they are referred to as 'miscellaneous provisions'
provisions'.
The purpose of boilerplate provisions is to save the
parties and drafters of contracts time with commonly
g g
used and understood language.

c) Legal meaning may differ from general meaning

words that have one meaning as a legal term of art
and another word in ordinary English.
Legal English meaning
Consideration an act, forbearance,
or promise by one party to a contract
th t constitutes
that
tit t the
th price
i for
f which
hi h
the promise of the other party is
bought Consideration is essential to
bought.
the validity of any contract other
than one made by deed.
Construction
in legal English
means interpretation. To construe
i the
is
h infinitive
i fi i i
verbb form
f
off the
h
term.

Ordinary English meaning

Consideration (1) careful thought;
(2)a fact taken into account when
making
ki a decision;
d ii
(3)th
(3)thoughtfulness
htf l
towards others.

Construction (1) the action of

constructing (a building); (2) a
b ildi
building
or other
h structure; (3) the
h
industry of erecting buildings.

d) Words may be used in apparently peculiar

contexts a number of words and phrases, which
are used in ordinary English, are also used in legal
English but in unusual contexts, called obscure
words and phrases
phrases.
Ordinary English
Obscure meaning
meaning
(legal context)
Domicile a dwelling place Domicile the country a
: place
l
off residence
id
: home
h
person treats
t t as his
hi or her
h
(Webster Dictionary)
permanent home and to
which htat person has the
closest legal
g attachment.
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Articles
A and an - indefinite articles:
for singular noun
Examples:
Brazil is a civil law country with its legal system based
on codes and () (Line 1)
Later on October 1st, 1862, the government decided
Later,
to create an Official Gazette (Dirio Oficial) for the
purpose of publicizing the governments
government s legal acts,
acts
()

The - definite
Th
d fi it article:
ti l
for singular
g
and p
plural nouns
Examples:
Brazil is a civil law country with its legal system
g
enacted p
primarily
y by
y
based on codes and legislation
the federal legislative power as well as the states
and municipalities
municipalities. It is a federative republic formed
by the indissoluble union of the states, municipalities
and the Federal District.
District

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Fill in the gaps with the correct article.

Part A - Separation of Powers

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Practice 1 Over to you

y

the
the
1 In ________
Brazilian legal system, ________
supreme rule
l iis
the
The
2 ________Federal
Federal Constitution. ________
current
one was promulgated on
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ww.aboutlaws
schools.org

Part B Jurisprudence
1 The
1________
word jurisprudence comes from Latin
and expresses
2 ________wise
knowledge of ________
law.
the
the

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Introduction to Brazil's Legal

g System
y
Brazil is a civil law country with its legal
system
t
based
b
d on codes
d and
d llegislation
i l ti
primarily
y by
y the federal legislative
g
enacted p
power as well as the states and
municipalities It is a federative republic
municipalities.
formed by
y the indissoluble union of the
states, municipalities and the Federal
District.
District

13

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blogspot.com
m

The constitution
Th
tit ti
((Constituio
da
Repblica Federativa do
B il C.F.)
Brasil
CF)
establishes the
legislative, the
executive and the
executive,
judiciary as the three
branches that compose
the Brazilian
government.

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http://www.fo
otopedia.com
m

The National Congress is composed of

the Chamber of Deputies and the Federal
Senate and it exercises its legislative
power through the legislative process
process.
The executive branch encompasses the
President of the Republic and the
Ministers of State.
State

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The judiciary consists of the

Federal Supreme Court; the
National Council of Justice;
the Superior Tribunal of
Justice; the Federal Justice;
Labor Justice; Electoral
Justice; Military Justice; and
State Justice.

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Official Gazettes
The Brazilian official press (Impresso Rgia)
was created on May 13,1808, by Acting King
Dom Joo with the objective of printing
printing, with
exclusivity,
y, all normative and administrative acts
of the government.

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Official Sources of Law

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Mostt recently,
M
tl on December
D
b 16,
16 2002
2002, the
th
government issued Decree No. 4,520 establishing
that publication of the following documents be
entrusted to the Executive Power, through the
National Press:
allll laws
l
and
d other
th acts
t resulting
lti from
f
the
th legislative
l i l ti
process as determined by the Constitution; treaties,
conventions, and other international acts approved
by the National Congress; official acts, excluding the
ones of internal nature, of the Federal Public
Administration; of the Judicial Power; and of the
Federal Audit Court.
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All publications mentioned in Decree No

No.
4,520 are published in the Official Gazette
off the
h Union
U i (Di
(Dirio
i Oficial
Ofi i l d
da Unio)
U i ) iin
the Justice Gazette (Dirio da Justia).
The electronic editions of the Dirio
Oficial da Unio and of the Dirio da
Justia available at the official web site of
Justia,
the National Press, produce the same
effects as the printed ones.

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The Brazilian law can be found in codes,

consolidations,
lid ti
or throughout
th
h t numbered
b d
g
p
published in the Official
legislation
Gazettes. A code is a methodical set of
rules of a specific field of law intended to
be a bodyy of permanent
p
law.

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ww.tjpe.gov.br

Codes, Consolidations and Random

Legislation

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Between random legislation and

codification there is a consolidation of
laws. Not as systematic
y
as a code, it onlyy
assembles legislations in the same field of
l
law
iin an organized
i d single
i l volume.
l
E
Each
h
State and the Federal Union have their
own daily official publication or Official
Gazettes (Dirio Oficial)
Oficial).

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J di i l Decisions
Judicial
D i i
In 2004, Congress amended the
C
Constitution
tit ti and
d established
t bli h d th
thatt th
the final
fi l
j y
decisions issued byy an absolute majority
of the members of the Federal Supreme
Court (STF) would have a binding legal
effect on the entire Judiciary.
y

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The so-called
Th
ll d Smulas
S l
Vinculantes are now
regulated by Law No.
11 417 off December
11,417
D
b 19,
19
2006,, and enable the
Judiciary to judge in a
definitive and final way
thousands of cases
dealing with the same
issue.
issue

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Scholars play a key role in the Brazilian

legal system
system. Their opinions
opinions, conveyed
through books or articles, compose what
is called the doctrine. The purpose of the
doctrine in many cases
doctrine,
cases, is to clarify the
enacted law.

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ww.dl.ket.orrg

Scholars

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The more reputable the scholar

scholar, the more
weight will be granted to his or her
interpretation. From the legislative to the
executive from the judiciary to lawyers
executive,
and administrators, the legal
g community
y
widely relies upon scholars
interpretations.
interpretations

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Practice 2 Its the same

According to the texts above :
I t d ti to
Introduction
t Brazil's
B il' Legal
L
lS
System
t
and
d
p
the
Official Sources of Law complete
sentences below.
a) Brazil is federative republic formed by
indissoluble union
the ___________________of
of the states
states,
municipalities and the Federal District.

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Practice 3 - Vocabulary
y
Complete
p
the chart below.
Verb
clarify

Noun
clarification

interpretation
legislation
enact
establish
amend
consolidation
lid ti
decision
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The word scholar can be used meaning:

g
1: a person who attends a school or
studies under a teacher : pupil
2: a person who has done advanced
study in a special field

h
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V
Vocabulary
b l
check
h k

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Review y
your lesson and do the
exercises

Check your answers

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