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Legal Guide for the Foreign Investor in Brazil

Brazil is organized as a federative republic, constituting the indissoluble union of the states, municipalities and the Federal District.

The legal system adopted in Brazil is codified, and laws are issued by the federal government, the states and municipalities, with due regard for their individual spheres of authority. Court decisions are based on the correct application of the laws prevailing in Brazil. When there is no specific legal provision, the court decides on the basis of analogy, customs and general legal principles. Judicial precedents do not bear the force of law in Brazil, although they do exercise an important role, supporting the court’s decision.

The Federal Constitution establishes the legislative authority of the federal government, the states and the municipalities, thereby avoiding the issuance of laws that are redundant or conflicting with those in the other spheres. The legislative authority of the federal government, with due regard for the principles of the Federal Constitution, is hierarchically superior to the authority of the states and municipalities.