Brazilian law traces its origins in Europe, specifically during the Roman reign of power. Most of the rules and regulations originate from the Napoleon code. This system equips each municipality with autonomy in creating their own bylaws. Furthermore, the country is governed by three separate arms of government: the judiciary legislative and the executive. Each arm has powers to create its own statutory system. Furthermore, they also possess 3 separate branches of government.
Principles of Criminal Law Practiced
Brazil prides itself in promoting human dignity as a basic principle of criminal law. In addition, the Constitution clearly states that an act cannot be classified as a crime in the absence of a previous law. Such a law ought to define the exact nature of the crime and its prescribed punishment.
The Constitution states that accused individuals have a right to a fair trial irrespective of the crimes they are accused of. Such characters have a right to legal representation, defense in court and provision of evidence. Such a trial should be conducted within reasonable time.
Every defendant is presumed innocent until proven guilty. An assumption that an individual committed a crime is not enough. Factual proof ought to be provided to make valid judgment. More importantly evidence gathered should be obtained through legal means.
Convicted criminals are incarcerated for the sole purpose of rehabilitation and not punishment. The latter fails to instill redemption in the hearts of criminals. Sentences set should be proportional to the crime committed.
Brazilian law has set 30 years as the maximum sentence for capital punishment. However, such individuals can be released much earlier depending on good behavior. The death penalty is not practiced in the country in an attempt to promote rehabilitation.
About Ricardo Tosto
Tosto is a prominent attorney with an excellent reputation in the Brazilian legal system. He previously worked in a tiny law office before moving to a top litigation firm in the country. He later set up his own firm that turned into one of the largest in the state.
Throughout his career, Tosto has offered legal services to several influential companies and personalities. He has spearheaded the adoption of legal principles into the national law. Furthermore, he has provided creative strategies and exemplary leadership skills to his peers.