Brazil’s Legal System and Business Culture Essay

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Brazil adopted its legal system from its colonizer, Portugal. Thus, the doctrines that govern formulation of the country’s law are relatively rigid. The government is federal and has semi autonomous state authorities. Moreover, the country has a court system that is tasked with the responsibility of interpreting the law.

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The Supreme Court has the final decision on the interpretation of the law. There are two systems of judiciary. One of the systems is controlled by the state while the federal judiciary system binds all states, and is applied in the whole country (Friedman & Perdomo, 2003).

The basic concept of the Brazilian law is the civil law. In this system, laws are made according to several principles that have existed traditionally. Thus, all the laws that are made must conform to these principles. This legal system was adopted from the judicial systems of the continental Western Europe where the former occupiers of the country originated (Wirth & Nunes, 1987).

Brazil has local copyright laws and is a party to international copyright and patent laws. This means that the country is obligated to protect intellectual property from being illegally used in the country by either local or foreign companies. However, the current copyright and patent laws are outdated and have many loopholes.

Social Organization

Brazil’s culture reflects the influence of the Portuguese. Most of the population speaks the Portuguese language apart from a few modern-day immigrants. Unlike other countries in the two American continents, it is difficult to establish the racial background of the citizens. Intermarriage has led to emergence of a mixture of characteristics of Native Americans, Europeans and Africans in its population. Slowly, the racial distinctions are fading away (Hudson, 1998).

However, Brazilian population has a class system where people with deeper skin color may experience discrimination (Davis, 1999). A significant disparity in the levels of income adds to the class distinctions brought by color differences. People in Brazil are religious and most are traditionally Roman Catholic adherents.

There is also some influence of ancient religions, which have metamorphosed into a number of cults. Most of the Brazilian citizens prefer informal methods of communicating. There is no strict observation of formal protocols among Brazilians as it is in the country of ancestry of the residents (Wirth & Nunes, 1987). People will go about their official duties in an informal manner, and may even be dressed casually.

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Business Customs and Practices

Brazil is a country that practices free trade. Although the people of Brazil seem to embrace an informal way of going about their business, agreements pertaining businesses are given special attention. Brazilians insists on drawing detailed formal legal agreements over business deals (Barretto, 2002).

The law may have complicated requirements for any foreigner wishing to start a business in Brazil. While in most countries a team negotiates in transactions involving companies, it is common for the leaders in a company to enter into agreements for the organisation in Brazil. The individuals in charge of management are recognized as the negotiating figures in the Brazilian business circles (Wirth & Nunes, 1987).

On the other hand, the government does not restrict business in Brazil. However, there are many statutory requirements for any organization wishing to start business in Brazil. One is expected to conform to the federal law, the state law and even the regulations set by municipal authorities.

References

Barretto, R. (2002). Doing business in Brazil. Chicago, Ill.: Section of International Law and Practice, American Bar Association.

Davis, D. J. (1999). Avoiding the dark: race and the forging of national culture in modern Brazil. Aldershot, England: Ashgate.

Friedman, L. M., & Perdomo, R. (2003). Legal culture in the age of globalization: Latin America and Latin Europe. Stanford, Calif.: Stanford University Press.

Hudson, R. A. (1998). Brazil: a country study (5th ed.). Washington, D.C.: The Division :.

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Wirth, J. D., & Nunes, E. d. (1987). State and society in Brazil: continuity and change. Boulder: Westview Press.

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IvyPanda. 2022. "Brazil's Legal System and Business Culture." May 2, 2022. https://ivypanda.com/essays/brazils-legal-system/.

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