Brazilian Law By Topics
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Arbitration
Câmara de Mediação e Arbitragem de São Paulo
Armaments
Confederação Brasileira de Tiro Prático
Banks
Biosecurity and Biotechnology
Comissão Técnica Nacional de Biossegurança (CTNBio)
Conselho de Informações sobre Biotecnologia (CIB)
Books
Associação Brasileira de Editores de Livros
Children and Adolescents
The 1988 Constitution has established all duties binding the family, the society and the State regarding children and adolescents. Among others, the special nature of labor by minors was established in following items of paragraph 3, article 227:
"I - minimum age of
fourteen years to be hired for employment , with due regard to provisions in
article 7, XXXIII;
II - guarantee of social security and labor rights ;
III - guarantee of school access for the adolescent worker;
IV - guarantee of full and formal acknowledgement of offense determination,
equal rights in the procedural relationships and technical defense by a qualified
professional, pursuant to provisions set by a specific protection legislation;
V - compliance with the principles of brevity, specificity and respect to the
peculiar conditions of a developing person, when applying any measures to restrain
freedom;
VI - Government support, by means of legal assistance, tax incentives and subsidies,
as provided by law, to the protection, through guardianship, of orphaned or
abandoned children or adolescents;
VII - prevention and special assistance programs for children and adolescents
addicted to narcotics or related drugs."
The 1988 Constitution further establishes that minors under eighteen years of age may not be held criminally liable; instead they shall be subject to the ruling of special legislation. It also determines that the law shall severely punish abuse, violence and sexual exploitation of children and adolescents. It provides for adoption, its cases and conditions, which shall be assisted by the Government.
In order to address the
new constitutional framework, and to comply with the latest policy of integral
protection to children and adolescents a new legislation was needed: thus the
Child and Adolescent
Statute came to pass (Act n. 8069, 13 July, 1990).
The Statute is divided into two books: General Part and Special Part. The General
Part comprises three Titles: Das Disposições Preliminares (Preliminary
Provisions)(arts. 1. to 6.), Dos Direitos Fundamentais (Fundamental Rights)
(arts. 7. to 69.), Da Prevenção (Preventive Measures) (arts. 70.
to 85.).
The Special Part comprises seven Titles: Da Política de Atendimento (Assistance
Policy) (arts. 86 to 94), Das Medidas de Proteção (Protection
Measures) (arts. 95 to 102), Da Prática de Ato Infracional (Criminal
Offences) (arts. 103 to 128), Das Medidas Pertinentes aos Pais ou Responsável
(Duties binding Parents Or Guardians) (arts. 129 and 130), Do Conselho Tutelar
(Guardianship Council) (arts. 131 to 140), Do Acesso à Justiça
(Access to Justice) (arts. 141 to 224), Dos Crimes e das Infrações
Administrativas (Crimes and administrative Offences) (arts. 225 to 258), and
finally Das Disposições Finais e Transitórias (Temporary
and Final Provisions) (arts. 259 to 267).
All legislation providing for the protection of Children and Adolescents in Brazil (including an English version of the Statute - ECA) can be accessed by visiting the website of the National Council for the Rights of Children and Adolescents (CONANDA).
Consumer rights
The Consumer Protection Code (CDC) was established by Act n. 8078, 11 September, 1990, published in the Federal Official Gazette dated 12 September, 1990, and in force since 11 March, 1991. It is based on article 5., item XXXII and article 170., item V of the Federal Constitution.
The CDC is divided into six Titles: TÍTULO I - Dos Direitos do Consumidor (Consumer Rights), TÍTULO II - Das Infrações Penais (Criminal Offences), TÍTULO III - Da Defesa do Consumidor em Juízo (Consumer Defense), TÍTULO IV - Do Sistema Nacional de Defesa do Consumidor (On the National System of Consumer Protection), TÍTULO V Da Convenção Coletiva de Consumo (Consumer Collective Agreement), and TÍTULO VI - Disposições Finais (Final Provisions).
All agencies dealing with Consumer Protection are subordinated to the Ministry of Justice. The duty of the Administrative Council on Economic Protection (Conselho Administrativo de defesa Econômica - CADE) is to protect free economic competition, spread the concept of competition by enlightening people on the matter of infringement of the economic order and decide on matters related to such infringements. The Council's authority covers the whole country. Its homepage supplies all resolutions published on the subject. It also offers links to agencies related to conpetition protection in foreign countries.
The Ministry of Justice's web page supplies access to the CDC and related legislation. In link "serviços", select "consumidor" which will lead you to four further links: "Código de Defesa do Consumidor "(full text of the CDC), "Consulta a órgãos de Defesa do Consumidor" (access to state agencies on consumer protection), "Legislação" (full text of related legislation, which can be accessed by type of normative rule and by subject), and National System for Consumer Protection. There is a useful Foreign Consumer Guide.
Culture
The site on the Ministry
of Culture supplies the full text of all Acts, Provisional Measures, decrees,
administrative directives and normative instruments related to culture, with
special focus on audio/video, authorship rights and software legislation. Subjects
are indexed, though without hyperlink.; in order to access any item, you will
have to note down the number of the legal instrument and return to the Homepage.
There is also a link to "international agreements" signed by the Brazilian
Government, though only the legislative reference and not the full text is supplied.