Category Archives: Law

An Overview of the Brazilian Judicial Structure

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Since the enactment of the Constitution of the Federal Republic of Brazil, citizens have experienced judicial independence and wider access to courts. The Constitution structures the judicial system into state and federal courts as well as specialized and regular courts. The courts include a superior court of justice, a supreme federal court, regional federal courts, electoral courts, labor courts, military courts, federal district courts and state courts.

 

The Supreme Federal Court (Supremo Tribunal Federal or STF)

The STJ is the highest court in Brazil. It is made up of eleven judges who are appointed by the President following approval by a majority vote by the Senate. The candidates are required to be under the age of 65 and above 35. The judges have the power to select their Chief Justice who does not qualify for re-election.

The primary responsibility of the STJ is to safeguard the Federal Constitution. Besides protecting the constitution, the court has jurisdiction over matters that are considered unconstitutional. This entails declaring actions of unconstitutionality of state and federal laws. The STF also has the power to decide on issues of habeas data and habeas corpus which have been decided in the first instance by a high court of appeal.

 

The Superior Court of Justice (Superior Tribunal de Justiça or STJ)

STJ is the second-highest Brazil court, and it consists of 33 justices who are under 65 years and above 35. Just like STF judges, they are appointed by the President after approval by the Senate.

The court was established in 1988 by the constitution to enforce federal laws. It is a court of appeal and decides cases in which the verdict of a lower-court judge is considered to violate a federal law or an international treaty. The ruling may uphold the validity of local or state law that is deemed inconsistent with the federal law.

 

Ricardo Tosto de Oliveira Carvalho

Tosto Carvalho is a prominent Brazilian lawyer and a founding partner of Leite, Tosto e Barros Advogados. He has successfully represented notable Brazilian and multinational organizations as well as prominent individuals in cases that have received lots of attention in Brazil.

He is known to be the earliest strategists who adopted numerous legal mechanisms that are now being used as common tools in the Brazilian legal system.

November 19, 2016

Lawyers In New York Work In Many Specialties At Once

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Lawyers in New York City are known for covering many specialties at the same time. An attorney like Ross Abelow is capable of working in divorce law, commercial law and entertainment law. These three areas are often connected to one another because of the celebrities that live in the city, and Ross is more than capable of handling all these areas for interested clients. This article explores the connection between divorce law, entertainment law and corporate law.

#1: Corporations Pay For Entertainment

Large corporations that need counsel will turn to an attorney like Ross who is capable of helping them make wise decisions. These corporations are paying for entertainment products, and Ross is familiar with both arenas. Ross may represent someone in the entertainment world who is in need of funding, or he may represent the corporation that is writing the checks. His relationships help him serve both sides of the aisle equally-well.

#2: Divorce Law Is An Inevitable Need

Divorce law is necessary in many parts of the city where clients are breaking up marriages. Ross has relationships with people who may need divorce representation in the future, and he is capable of helping one or both clients mediate their divorce. There are assets and children to consider during a divorce, and Ross will help both parties come to an amicable solution. Ross is a skilled mediator who does not allow his cases to get out of control.

#3: Entertainment Law Includes Contracts

Ross is happy to review a contract for anyone who is working in the entertainment world. Contracts are complex documents with language that only a lawyer can understand, and Ross is more than happy to help someone understand their contract. Ross will help people adjust their contracts to get what they want, and he will enter negotiations with another party to complete each contract. Contract work is a basic part of being a lawyer, but Ross has a massive amount of experience in this area.

Ross Abelow is a skilled attorney in New York who has straddled the line between corporate law, entertainment law and divorce law. He is able to serve many people at the same time with his services, and his law offices are open to anyone in need. He is equally-at-home in a situation where he is reviewing a contract, mediating a divorce or serving as counsel for a large corporation paying for a major movie.

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January 20, 2016

Brenda Wardle Covers the High Profile Oscar Pistorius Trail

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In September of 2014, Olympian runner Oscar Pistorius was found guilty of culpable homicide and reckless endangerment with a firearm by Judge Thokozile Masipa. Oscar, who ran in the 2012 Summer Olympics, had both of his legs amputated below the knees when he was 11 months old but has been able to compete at a world class level with the use of J-shaped carbon fiber prosthetics. He was accused of murdering his model girlfriend Reeva Steenkamp on the night of February 14, 2013 when he mistook her for an intruder. He was formally charged with murder on February 15 and eventually sentenced to a maximum of five years in prison for culpable homicide and a concurrent three year sentence for reckless endangerment with a firearm.

Shortly after Oscar’s arrest, Judge President Dunstan Mlambo ruled the entire trial could be broadcast through a live audio feed, and opening and closing arguments could be broadcast live on television. Brenda Wardle was one of the legal scholars and analysts who covered the trial. Brenda is a world-renowned legal analyst who is a native South African and is the Chief Operations Officer of Wardle College of Law. She has several law degrees including a Master of Laws degree and is working on a Doctor of Laws degree. Brenda has had numerous articles published in legal journals, and she has made many radio and TV appearances where she is highly sought after for her legal expertise.

During Oscar Pistorius’s trial, Brenda’s TV appearances included Fox News in the US and Channel 5 UK where she was asked about the particular aspects of South African law as it pertained to the trail. Brenda’s insights on the prosecution’s appeal of Judge Masipa’s controversial verdict and sentencing were particularly insightful for people who did not know about or understand the uniqueness of South Africa’s judicial system. Oscar was subsequently released from prison after serving ten months of his five year sentence, but prosecutors successfully appealed the culpable homicide conviction and had the verdict upgraded to murder on December 3, 2015. Oscar is currently appealing the murder conviction and is expected to be back in court in April of 2016 for sentencing on the murder conviction.

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December 31, 2015