Being a Portuguese colony, Brazil largely uses the law of Portugal as well as some part of the French, German and Italian civil law. The country’s law is based on statutes and partly the stare decisis implemented through the constitutional amendment passed in 2004. The Brazilian Constitution gives the Supreme Court autonomy to publish binding rules. Inferior courts, judges, and public administration are therefore expected to adhere to the interpretations of the Supreme Court.
The Supreme Court is the top court in the hierarchy of Brazilian courts. The court is made up of two national superior courts: the Supreme Federal Court (Supremo Tribunal Federal) or STF and the Superior Court of Justice (Superior Tribunal de Justiça) or STJ, both of which grant writs of certiorari in criminal and civil cases.
Every state in Brazil is composed of judicial districts known as comarcas, which are divided into several municipalities. The trial courts have their headquarters in the capital of every state. Every comarcas has at least one trial court which is a court of first instance. This court has one judge and a substitute judge who handle civil and criminal cases. Some comarcas have specialized courts of first instance that deal with bankruptcy or family litigation.
The court of second instance is the highest court of the state judicial system. Every state in Brazil has one court of second instance. These are courts of appeal, implying that they review any judgments made by trial courts. The courts are divided into criminal chambers and civil chambers.
Ricardo Tosto is one of the competent and reputable lawyers in Brazil. He has defended many prominent companies and public personalities and provided legal services to Brazilian and international corporations, the government, and politicians of different ideologies.
Mr. Tosto has worked in the legal field for more than 22 years. He practices business law and specializes in corporate restructuring, civil and commercial litigation, credit recovery, mergers and acquisitions and electoral law. Ricardo is also a pioneer in the adoption of various legal mechanisms, most of which are being used as tools in the Brazilian legal systems.
Ricardo is a co-founder of Leite, Tosto e Barros Advocates, one of the top ten best law firms in Brazil. As a partner of the firm, Mr. Tosto closely oversees the company’s ongoing cases and offers innovative strategies on special problems.
For more information please visit http://whoswholegal.com/profiles/51546/0/tosto/ricardo-tosto/