Most Brazilian attorneys are well aware that the legal systems in Brazil are much different from those in America. The American legal system is built on common law principles that are based on traditions sent down by the English. Judges published opinions set the precedent for future rulings and used in other judges’ interpretation of the law. The Brazilian civil law system is based on civil codes set down by Europeans and especially influenced by Portugal. this system embraces the importance of the written law over judicial precedents.
Even with these differences in the fundamental structuring of these legal systems, there are some similarities that lawyers in either country are familiarized with. Understanding these differences is derived from understanding the source of authority in each country. Published judicial opinions, while used as the foundation of case law, is not the only authoritative source of jurisprudence in America, especially since codified law is the basis of litigation within the court system. In Brazil, the code of law is the dominant source of regulation while binding opinions and conclusions are merely a frame of reference.
The legal education and process of Brazilian attorneys is offered in an undergraduate capacity, requiring only 5 years to earn a Bachelor of Laws Degree which qualifies a student to take the bar exam. In America, students are not able to sit for the exam without first acquiring a four-year undergraduates degree then attend three years of law school in order to obtain a juris Doctor Degree. Obviously, the process is less complex and time consuming in Brazil than in America, but that does not make the education any less valuable not make Brazilian lawyers inferior. Lawyers do however play different roles in their respective countries. In Brazil, judges are responsible with leading litigations and discovering the facts of the case, while in America, the attorney is charged with those tasks.
One of the greatest entrepreneurs and attorneys of the Brazilian law, Ricardo Tosto de Oliveira Carvalho, has practiced law in Brazil, but his influence has international reach. After practicing litigation for the first few years as an attorney, he opened his own firm that became one of the largest in Brazil. he attracted nation attention after working on a few high-profile cases which gave him the platform he needed to advocate for large multinational organizations, politicians, government organizations and Brazilian companies. The cases that he worked on contributed greatly to the current Brazil laws, pioneering several legal precedents that were adopted and used commonly in the legal system.
Ricardo Tosto de Oliveira Carvalho served s a mentor to many of the attorney who are currently his partners at his firm. They all started as interns, working closely by his side as he molded and prepared them for the legal system. While they earned their promotions, Tosto remains the overseer of the firm, closely monitoring all of the most important details of ongoing cases and the operation of the firm. He delivers innovative generalship that helped the firm achieve its recognition and elite status amongst its’ peers and the specialized leadership that excels the firm into international embracement.