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Introduction Brazilian Legal System
1
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Getting ready ...
What makes legal language difficult? Articles
. c o m
• Introduction to Brazil's Le al S stem a s s
o c i a t e
s
pad for your notes j o h
n s o n a n
dictionary s h a w
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What makes le al lan ua e difficult?
One of the main
reasons why legal
difficult to understand r g
is that it is often very d e n t h a c k s .
English. h t t p : / / s t
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This com romises two issues:
1 - The writing conventions are different:sentences often have peculiar structures,
• foreign phrases are sometimes used instead of
English phrases (inter alia instead of among
• unusual ronouns the same, the aforesaid,
etc.);
• unusua se p rases are o e oun nu an
void all and sundr .4
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2 - A lar e number of difficult words and
phrases are used. These fall into fourca egor es:
– phrases that have precise and fixed legal
mean ngs an w c cannot usua y e
Example:
Absolute title – Ownership of a legal estate
state that no one has a better right to that5
estate.
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e s . c
o m
g u a l - s e r v i c
w w . m
u l t i l i
– ,words range from near-slang to almost technically
h t t p : / /
precise words. Examples:
• - usually appear at the end of a contract. Sometimes
' ' .The purpose of boilerplate provisions is to save the
parties and drafters of contracts time with commonly
used and understood lan ua e.
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c) Legal meaning may differ from general meaning –
words that have one meaning as a legal term of art
and another word in ordinar En lish.
Legal English meaning Ordinary English meaning
Consideration an act, forbearance,or promise by one party to a contract
Consideration (1) careful thought;(2)a fact taken into account when
a cons u es e pr ce or w c
the promise of the other party is
ma ng a ec s on; oug u ness
towards others.
.
the validity of any contract other
than one made by deed.
Construction in legal Englishmeans interpretation. “To construe”
Construction (1) the action of constructing (a building); (2) a
s t e n n t ve ver orm o t e
term.
u ng or ot er structure; t e
industry of erecting buildings.
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d) Words may be used in apparently peculiar
contexts – a number of words and phrases, which
are used in ordinar En lish are also used in le al
English but in unusual contexts, called obscure
.
Ordinary English Obscure meaning
Domicile a dwelling place Domicile the country a
: p ace o res ence : ome(Webster Dictionary) person rea s as s or er permanent home and to
which htat person has the
closest le al attachment.
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Articles
A and an - indefinite articles: for singular noun
Brazil is a civil law country with its legal system based
on codes and (…) (Line 1)
, , , to create an Official Gazette (Diário Oficial) for the
’ ,
(…)
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e - e n e ar c e:
for sin ular and lural nouns
Examples:
Brazil is a civil law country with its legal systembased on codes and le islation enacted rimaril b
the federal legislative power as well as the states
.by the indissoluble union of the states, municipalities
.
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Practice 1 – Over to ou
r e s s . c
o m
Fill in the gaps with the correct article. e n y a . w
o r d
Part A - Separation of Powers
t p : /
/ b e i n g z h
1 In ________ Brazilian legal system, ________
h t
the the
supreme ru e s2 Federal Constitution. currentthe The ________ ________
one was promulgated on
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c h o o l s . o
r g
w . a
b o u t l a w
h t t p : / / w
w
–
1 word uris rudence comes from LatinThe ________and expresses
2 ________wise knowledge of ________ law.the the
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Introduction to Brazil's Le al S stem
Brazil is a civil law country with its legal
sys em ase on co es an eg s a onenacted rimaril b the federal le islative
power as well as the states and
mun c pa es. s a e era ve repu c
formed b the indissoluble union of the
states, municipalities and the Federal.
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e cons u on
Constitui ão daRepública Federativa do
ras – . .establishes the l o g
s p o t . c
o
legislative, the p : / / j u s c e u t .
,
judiciary as the three
h t
branches that compose
government.14
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the Chamber of Deputies and the FederalSenate and it exercises its legislative
.The executive branch encompasses the
President of the Republic and the
.
t o p e d i a . c
o
t t p : / / w w
w . f
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The judiciary consists of the
National Council of Justice;
the Superior Tribunal of
Labor Justice; Electoral . b r
Justice; Military Justice; and r e g i o n a l . c o
.
w . j
o r n a l v o z
h t t p : / / w
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Official Sources of Law
The Brazilian official press (Impressão Régia) n o w . o
r g
was created on May 13,1808, by Acting King p : / / w w w . d
i g
,
exclusivit all normative and administrative acts
h t t
of the government.
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os recen y, on ecem er , , e
government issued Decree No. 4,520 establishingthat publication of the following documents be
entrusted to the Executive Power throu h the
National Press:
a aws an o er ac s resu ng rom e eg s a ve
process as determined by the Constitution; treaties,conventions, and other international acts approved
b the National Con ress official acts excludin the
ones of internal nature, of the Federal Public
Federal Audit Court.
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.
4,520 are published in the Official Gazetteof the Union r o c a a n ão in
The electronic editions of the Diário
Oficial da União and of the Diário da
,
the National Press, produce the same
effects as the printed ones.
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LegislationThe Brazilian law can be found in codes,
b r
conso a ons, or roug ou num erele islation ublished in the Official w . t
j p e . g o
v .
Gazettes. A code is a methodical set of h t t p : / / w
ru es o a spec c e o aw n en e o
be a bod of ermanent law.
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Between random legislation and
laws. Not as systematic as a code, it only
assembles legislations in the same field of
aw n an organ ze s ng e vo ume. ac
State and the Federal Union have theirown daily official publication or Official
.
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u c a ec s ons
In 2004, Congress amended the
ons u on an es a s e a e nadecisions issued b an absolute ma orit
of the members of the Federal Supreme
our wou ave a n ng ega
effect on the entire Judiciar .
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e so-ca e mu as
Vinculantes are nowregulated by Law No.
, o ecem er ,2006, and enable the
Judiciary to judge in a o m
thousands of cases o . b
l o g s p o t .
dealing with the same s e b o e a c e r v
. h t t p : / /
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Scholars play a key role in the Brazilian. ,
through books or articles, compose what gis called the doctrine. The purpose of the w . d
l . k e t . o
, ,
enacted law. h t t p : / / w
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,
weight will be granted to his or her
interpretation. From the legislative to the,
and administrators, the le al communitwidely relies upon scholars’
.
25
P ti 2 It´ th
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Practice 2 – It´s the same
According to the texts above :
n ro uc on o raz s ega ys em anOfficial Sources of Law com lete the
sentences below.
a) Brazil is federative republic formed by
___________________ ,
municipalities and the Federal District.
26
P ti 3 V b l
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Practice 3 - Vocabular
Com lete the chart below.
Verb Noun
clarify clarification
legislationenact
amendconso a on
decision27
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oca u ary c ec
The word scholar can be used meaning: c o m
1: a person who attends a school or . w
o r d p r e s
s .
2: a person who has done advanced a n e o n . f
i l e s
study in a special field t t p : / / m a n i
28
R i l d d th
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Review our lesson and do the
exercises
a n e t . c o m
b l o g g e r s p l
h t t p : / / m o
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