Since , the Library has been publishing the Bibliografia Brasileira de Direito - BBD Brazilian Law Bibliography , containing bibliographical references of books and articles of periodicals. The BBD is distributed free of charge to national and foreign institutions. The following is a list of institutions which make up the Library Network :.
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Undergraduate studies in Law take an average of five years. To be allowed to exercise the legal profession, holders of a degree in Law must pass the Brazilian Bar Association OAB examination and register with this institution. The doctorate takes a minimum of two years and a maximum of five years. We are investigating ways to extend access to RDN services and the metadata information resources they themselves represent, through local annotation facilities and interface with OPACs. A proposed development, provisionally called RDN-LinkStore will provide a mechanism for creating and sharing lists of links which may be made publicly available as reading lists with a means of annotating and commenting on the records included in the lists.
The legal profession is regulated by Law no. Foreigners or Brazilians who graduated in Law abroad must present a duly validated certificate of respective course of study. The following is a list of the best Brazilian universities which offer Law courses, according to information provided by the Ministry of Education:. Address: Av. Paulo Gama, Despite several initiatives, the creation of the Bar Association would become a fact only around a century later, by means of article 17 of Decree no.
The Association relies on standing and temporary committees for the performance of its functions. The following is a list of state sections of the Brazilian Bar Association:. OAB Seccional Alagoas. OAB Seccional Bahia. OAB Seccional Pernambuco. OAB Seccional Sergipe.
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The Brazilian publishing market for legal texts has always been profitable and prolific, leading to the publication of countless specialized periodicals edited by commercial as well as university publishers. Some titles do not go beyond the first few issues, but some commercial publishing houses and their publications are traditional, like Revista Forense, published by Editora Forense , in circulation without interruption since , and Revista dos Tribunais , published by a publishing house under the same name, in circulation since The following is a list of sites of the more traditional legal publishing houses:.
General research of texts of Brazilian legal rules can be carried out in government sites, which offer information for free, and in non-governmental commercial sites, which require a subscription. A major difficulty for foreign researchers is the language, since the majority of Brazilian sites offer information only in Portuguese. Few sites offer an optional language, but even in such cases, this option may be valid only for the main menu or selected parts.
With the advent of the Internet, publishers have found a new mode to offer their services. This is so true that lawyers are increasingly connected to the virtual world, thus becoming the most frequent professional category on the Net. At an incredible pace, legal sites have appeared that offer databases containing doctrine, full texts of rules, former court rulings, a lawsuit tracking system, legal news, and information about public competitive examinations. Editora Saraiva has launched SaraivaData , a highly reliable site because of its tradition in the area. Furthermore, in this site, each legal rule that has been published is shown together with its links to others that are altered or revoked by it.
Sinequanon , launched by Editora ADV, offers the possibility to track lawsuits in real time, integrating lawyers to almost 50 courts all over the country. A group of young lawyers has launched BuscaLaw , expected to be the largest juridical portal of Latin America on the Internet. The main objective of the portal is to mediate the relations between those who offer and those who hire juridical services.
It offers searches in courts of Brazil, chat rooms, and virtual interviews with Justices. Searches can be made by either legislation or former court rulings in all Brazilian courts in record time. However, if you prefer, you can search by court or region.
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The portal also offers news from the legal world. The icon ''Comunidade'' offers further services supplied by the portal. Internauts can find the electronic address of Brazilian colleges, universities, and other courses, as well as the sites of Procon in several states. The homepage of each Ministry provides the legislation concerning its own area.
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The best search strategy is to locate the Ministry responsible for the subject in question. As a rule, each page of a Ministry site offers links to bodies of its own structure and to others which deal with the same subject. The following is a list of all Ministries:. There are two public institutions which present Brazilian legislation in general and for free: the Federal Senate and the Presidency of the Republic. The Federal Senate makes available several types of legislative information, such as the reports of special investigating committees and bills of law. What is most important is that it offers access to the full texts of Brazilian legislation.
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Since , the Federal Senate has been maintaining a database of legal rules NJUR , which comprises Brazilian federal legislation issued as from Research can be carried out by type of rule, number, year, or law abstract. The Senate homepage also offers access to the text of Provisional Measures.
Research can be done by the number of the Measure or by the year it was issued. Access can be obtained by number of the rule or by subject. Provisional measures are classified into measures under consideration, measures turned into law, revoked measures, and expired not re-issued measures. There is also a table showing measures issued and re-issued per administration. The homepage of the Presidency of the Republic makes available the full text of several codes.
The original text is shown in black, altered provisions in blue, revoked provisions in green, and added provisions in red. The Brazilian Code of Aeronautics was established by Law no. The Brazilian Code of Telecommunications was established by Law no. This Code does not correspond to the fast technological evolution of the sector. The Brazilian sector of telecommunications has been through major restructuring in recent years, and its entire regulatory framework has been revised and modified.
The main acts which regulate the sector are: Constitutional Amendment no. Organizado por Reinaldo Santos. Rio de Janeiro : Destaque, ISBN Rio de Janeiro : Book Express, In , the Executive Branch sent Message no. The new code as proposed would greatly help the commercial area, since it contains a new book — aspectos negociais [business matters].
It was approved by the Federal Senate in the end of November and is ready to be voted on by the plenary assembly. If it is approved, it will come into force one year after its promulgation. The need to rewrite the Civil Code is indisputable, especially considering that Brazilian legislation witnesses a proliferation of extravagant laws, which leave out of civil codification important areas such as tenancy, consumer relations, dissolution of the marriage, authorship rights, condominiums, and acquisitions and mergers.
The new Civil Code will be in force in January 11, Several of the measures adopted by the new code have already been in force due to specific legislation, more than 50 decrees and laws, or for having been included in the Constitution, among them the rights of children born from artificial insemination, the possibility of donation of organs when the donor is still alive, and the ability to sue for damages in cases of moral harm. It's the law. Acessado em: 25 jan. Curso de direito civil brasileiro. There is a collection of correlated new laws, such as the one regarding small and micro businesses, the Consumer Defense Code, and others, but they are not sufficient.
Trade bills, stock exchanges, checks, and other issues of the same nature are all demanding redefinition; after all, the use of former court rulings has prevailed in these areas exactly due to the lack of current rules. There have been several attempts to revise them, all of which were unsuccessful. In the absence of specific rules of Commercial Law, one resorts to subsidiary sources, in the following order: civil law, trade customs and usage, former court rulings, analogy, and the general principles of Law. The new Brazilian Civil code revoked the first part of the Commercial Code.
Rio de Janeiro : Forense, There are also several other federal and state rules on the subject. The following are the most relevant ones:. Belo Horizonte : Palpite, ?. Protection of wild fauna is regulated by Law no. An aspect of great practical importance is the concurrence of incriminating rules in the Game Code, the Penal Code, and other statutes. Some jurists consider the Game Code draconian, excessively punitive, and clearly out of rhythm with the scale of judgments of Brazilian penal system.
Belo Horizonte : Mandamentos, On August 22, , the Code of Conduct for Higher Government Officials was published in the Federal Official Gazette, and it applies to over Federal Government employees, including ministers, secretaries of State, and top-level employees. The Code of Conduct seeks to establish standards for, among other cases, the acceptance of gifts and souvenirs, the lending of vehicles, and a quarantine which forbids a civil servant from accepting any job in private enterprise during the first four months after leaving a position in the Government.
Santos, comp. In that same year, it was reformed by Law no. During the 27 years it has been in force, some laws on specific matters have brought about small, continuous reforms that have substantially changed the Code, so as to accelerate proceedings, streamline procedural mechanisms, and eliminate superfluous formalities. Rio de Janeiro : Forense , However, there is a list of norms that complete or change the Code of Criminal Procedure, as follows:. Law on Trial by Jury Law , of February 23, and its alteration ;. Law on heinous crimes Law 8,, of July 25, and its alterations, which defined heinous crimes, prohibited bail and release on own recognizance, the impossibility of granting grace or pardon.
The Code of Criminal Procedure is divided into six books: Proceedings in general, Proceedings in manner, Nullity and appeals in general, Foreclosure, Jurisdictional affairs with foreign authorities and General provisions. Established by Act n. A Lei de Propriedade Industrial comentada : Lei n. Manual de Direito Comercial. Campinas : Bookseller, Came into force on 11 March, Rio de Janeiro : Forense www. Brazilian Traffic Code in force today was established by Act n.
It was altered by Act n. January, , and by Act n. Porto Alegre: Sagra Luzzatto, Among the several Acts that rule the electoral system, the most important ones are listed below:. Act n.