Brazil

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Background

Brazil is a South American country, which is currently the largest economy in Latin America and an emerging world power. From 1500 to 1822, Brazil was a Portuguese colony, and since 1889 the country has been a republic. After the rise of populist leader Getulio Vargas to power in 1930, Brazil underwent decades of populist and military rule. The military dictatorship resulted in large numbers of forced disappearances and other human rights abuses, many cases of which remain unresolved to this day. In 1985, the military regime peacefully transferred power to a civilian government – and in 2006, President Lula da Silva was reelected in a mostly free and fair election.

Despite Brazil’s abundant natural resources and burgeoning economy, problems such as stark economic inequality, human rights violations, and rising crime continue to plague the country’s development. As of 2005, about 31% of the population remains below the poverty line. Brazil also grapples with the problem of illegal narcotics trafficking, and the country is the second-largest consumer of cocaine in the world. There is significant drug-related violence and weapons smuggling, and Brazil is an important market for Colombian, Bolivian, and Peruvian cocaine.

Type of System

Brazil is a federative republic that operates under the civil law system. Its laws are based mostly on statues and codes enacted by the federal legislature, states, and municipalities. The Brazilian Constitution (Constituição da República Federativa do Brasil – C.F.) establishes three branches of government: judicial, legislative, and executive. The judicial branch includes the following courts: the Federal Supreme Court (the highest court); the Superior Tribunal of Justice; the Federal Justice; Labor Justice; Electoral Justice; Military Justice; and State Justice. Judicial control of the courts is given to the National Council of Justice.[1]

Sources of Defendant's Rights

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