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Palace of Justice in Brasília. Brazilian law is largely derived from Portuguese civil law and is related to the Roman-Germanic legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis, called súmula vinculante.
The Constitutional Amendment Bill no. 5, of 1983 (Portuguese: Proposta de Emenda Constitucional n° 5 de 1983), commonly known as Dante de Oliveira Amendment, introduced by then federal deputy Dante de Oliveira, aimed ro reinstate direct elections for President of Brazil, by changing Articles 74 and 148 of the 1967 Brazilian Constitution, once the democratic tradition had been interrupted by ...
For professor and lawyer Marco Aurélio Marrafon, president of the Brazilian Academy of Constitutional Law, the 1988 Brazilian Magna Carta organized the State according to the Welfare State model, in which it is intended to reconcile "the liberal component of preservation of individual rights and limitation of state power, with direct economic ...
Consequently, Brazil later approved a law making the propagation of prejudice against any minority or ethnic group an unbailable crime. This law provided legal redress against those who spread hate speech (like Neo-Nazis) or those who do not treat all citizens equally. This second aspect helped disabled people to have a reserved percentage of ...
The Oliveira Brito amendment was defeated in the second call, and Complementary Law No. 2 was approved in the early morning of the 15th by the votes of the center and left. [65] [66] [67] Its article 2 read: [68] Constitutional Amendment No. 4 of 2 September 1961 will be submitted to a popular referendum on 6 January 1963.
The legal system is based on the Federal Constitution, promulgated on 5 October 1988, and the fundamental law of Brazil. All other legislation and court decisions must conform to its rules. [218] As of July 2022, there have been 124 amendments. [219] The highest court is the Supreme Federal Court.
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Proposed constitutional amendments of Brazil (1 P) ... Brazilian Constitution of 1937; C. Brazilian Constituent Assembly (1988) I. Institutional Act Number Five; N.