LEGAL AFFAIRS COMMITTEE

CAJ

Coordination: Alberto Murray Neto (Murray Avocats)

The Brazilian and Canadian legal systems are elaborated on quite different bases, resulting from different legal cultures. While Brazil follows in its legal order the Roman standard, predominant in the Latin countries, Canada follows, in most of its provinces, the English common law system; the exception is the francophone region of Quebec, which has a civil law system for provincial affairs. Thus, knowledge about tax matters, investment law, corporate law, arbitration and capital markets, among other subjects, is essential for the realization of business and the use of commercial opportunities in both countries.

 

Identifying this need, CCBC established a Legal Affairs Commission (CAJ), with the purpose of promoting the exchange of information on both laws, promoting the discussion of national and international issues, and thus enabling its members the level of information required to make business decisions. Thus, CAJ promotes seminars, with the participation of lawyers, businessmen, economists, accountants, auditors and business administrators, among others, in order to provide the widest possible panorama of the legal issues of both countries. Access to information can also be done through podcasts and the Legal Library.

In Canada, legislation is divided into public (encompassing criminal, constitutional and administrative) and private or civil (which governs contracts, property, family rights and damages). The country’s justice is bijurisdicional, that is, the responsibilities of the legal system are divided between the Canadian Parliament and the governments of the provinces.

 

Brazil has a legal system based on the Roman-Germanic tradition, and its major law is the Federal Constitution. The 26 states in which Brazil is administratively organized have the autonomy to draw up their own laws as well as the municipalities – but must follow the laws of the higher administrative spheres. The country has three independent powers: Executive, headed by the President of the Republic; Legislative, formed by the House of Representatives and the Senate; (STF), the Superior Court of Justice (STJ), the Federal Regional Courts (TRFs) and the Federal Court. There are also specialized courts to deal with electoral, labor and military matters.

 

In Canada, legislation is divided into public (encompassing criminal, constitutional and administrative) and private or civil (which governs contracts, property, family rights and damages). The country’s justice is bijurisdicional, that is, the responsibilities of the legal system are divided between the Canadian Parliament and the governments of the provinces.

 

Brazil has a legal system based on the Roman-Germanic tradition, and its major law is the Federal Constitution. The 26 states in which Brazil is administratively organized have the autonomy to draw up their own laws as well as the municipalities – but must follow the laws of the higher administrative spheres. The country has three independent powers: Executive, headed by the President of the Republic; Legislative, formed by the House of Representatives and the Senate; (STF), the Superior Court of Justice (STJ), the Federal Regional Courts (TRFs) and the Federal Court. There are also specialized courts to deal with electoral, labor and military matters.

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