BRAZIL Trends and Developments Contributed by: Maria Augusta Rost, Ricardo Barretto and Cleso Fonseca, Fenelon Barretto Rost
Overview of the Brazilian Legal- Administrative System
Democratic Constitutional System, Separation of Powers, Public Management and Federalism The Brazilian constitutional system is founded on democratic principles, the protection of fun - damental rights, and the separation of powers among the Executive, Legislative and Judiciary. The democratic regime under the 1988 Con - stitution has proven resilient and stable. Since 1988, the modernisation of public management has been accompanied by improvements and innovations in legislation. Brazilian public admin - istration adheres to the principle of legality in the administrative sphere (public managers may only act within powers expressly defined by law) and is subject to a series of controls. Brazil’s federation comprises the federal gov - ernment, the federal district, 26 states and over 5,000 municipalities, which adds complexity to the Brazilian state due to the specific responsi - bilities of each federative entity. In some areas, these responsibilities may overlap (for example, in environmental matters). The distribution of powers among these entities is detailed in the Constitution, with a greater con - centration of authority at the federal level, which is responsible for legislating on issues such as: • civil law; • commercial law; • criminal law; • procedural law;
Brazil is a constitutional democracy. It is organ - ised as a federative republic with a presidential system, as established by the 1988 Constitu - tion. It follows the model of separation of powers among the Executive, Legislative and Judiciary. The system is complex, with many public institu - tions and a detailed framework to control state activities. Despite its complexity, it is a stable and democratic regime based on the principles of legality and due process, while respecting fundamental rights, free enterprise, property and the environment. Since 1988, there has been noticeable evolution and modernisation across various sectors, aimed at enhancing legal cer - tainty for both individuals and businesses. In the federal sphere, public administration cur - rently comprises 32 ministries, over 150 agen - cies and public foundations, 44 state-owned enterprises under direct federal government control, and 79 companies under indirect fed - eral government control. This arrangement is overseen by the Judiciary, the Federal Court of Accounts (TCU) and the Public Prosecutor’s Office. Each of these is an independent body with specific responsibilities. In general, large-scale projects (such as infra - structure projects) are subject to regulations (including permits and licences) from more than one government authority, which can affect both the timeline and the viability of investments. For companies planning to invest in or expand their operations in the country, understanding the organisation and functioning of this complex governmental environment and Brazilian legisla - tion is essential for the success of their ventures.
• electoral law; • agrarian law; • maritime law; • aeronautical law;
• space law; • labour law; • water;
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