Judicial independence is essential in making fundamental rights compared to any other written constitutional decree. The Brazilian Constitution amended in 1988 gives the Brazilian Judicial System functional independence such as the admission of candidates to the law profession through public exams, evaluation of merit, among others.
According to the constitution, the Brazilian Judiciary is divided into five divisions: the federal jurisdiction, labor jurisdiction, electoral jurisdiction, military jurisdiction and state jurisdiction. Every branch of the judiciary has a Superior Court tasked with interpreting the law. These courts are the Superior Court of Justice, Superior Military Court, Superior Electoral Court and Superior Labor Court. The Supreme Court of Justice is the highest court in the judicial system, and it gives the final word on matters concerning the interpretation of the constitution.
The Brazilian legislature is made up of the National Congress which comprises of the Federal and the House of Representatives. This branch of the government enacts regulations that establish rights and obligations of citizens. The acts may be in the form of amendments to the federal constitution, provisional executive acts, ordinary laws and legislative decrees.
The Public Administration such as ministries makes up the Executive Branch. The executive branch and the legislature are responsible for making laws. The President of the country is the head of the executive and is elected by the citizens. He or she is the chief of the Government and State as well as the commander of the Armed Forces.
Litigators in Brazil
Litigating is one of the most popular and most feared activities in the field of law. Ricardo Tosto has spent a great deal of time working on lawsuits. His career as a litigator spans for more than two decades.
Mr. Tosto studied law at Mackenzie University and did an extension course in business administration. His education background and vast experience have allowed him to be a competent lawyer. Mr. Tosto specializes in commercial law, civil law, administrative law and election law. He is a founding member of Leite, Tosto e Barros Advogados Associados.