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Like the United States, Brazil’s system of law is based on a Constitution. It’s called the Constitution of the Federative Republic of Brazil, and it is the basis for all legal authority in the country. Not only is it the source of the legal framework, but it also outlines how the federal government should interact with states and citizens.
The Constituent Assembly created the current Constitution in 1988, and it has gone through 67 amendments since. It took two years to write the Constitution from scratch.
The Brazilian Constitution was created in a time when the military dictatorship was limiting freedom, and it was meant to ensure individual rights. In doing so, it became the first of its kind that demanded harsh punishment for any breaches of Brazilian civil liberties. Some items protected by the current Brazilian Constitution include:
The Brazilian Constitution is not that unlike the Constitution of the United States of America. Its purpose is to protect the citizens by giving them a fair chance in the court of law while governing the country to be safe and pleasant.
While the Constitutions are similar in purpose, the government uses them quite differently. Since the United States is a country that practices Common Law, it uses the Constitution as a guideline for legal rulings.
Brazil is a country that practices Civil Law, which means the Constitution is the only thing considered when making legal decisions. Therefore, every single law stated in the Constitution must be current and accurate to ensure that any court decisions will be appropriate.
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