From 2000 to 2010, Brazil created 75,517 laws, adding common and complementary state and federal laws, as well as federal decrees to its legislation. That gives 6,865 laws a year, which means that 18 laws were created every day since 2000.
Instead of contributing to the application of law, much of the newly formed laws only served to aggravate the problems of judicial machinery. According to experts, most of the laws are considered unconstitutional and end up occupying the courts as judges have to discard them. Even for the legitimate ones, it is sometimes impossible for the judge to gain information about hundreds of new laws. As a result, judges often ignore these laws or they simply prefer to ignore them.
Although the introduction of new laws should help, but it is precisely their excess that is one of the factors that hamper the judiciary. Another reason would be the low quality of legislative production – a law that is not linked to social reality, or another that is not based on constitutional principles, should not be implemented.
The problem intensifies with laws that are almost folkloric, such as laws that prohibits the opening of lan houses within a kilometer of schools. Others are considered unconstitutional even to the judges, who recognize the good intentions of the legislator, but are obliged to make the correct interpretation of law. One of the cases is the law that stipulates the prohibition of cellular and transmission devices inside the banking branches. The purpose was to curb the crime of “bank fraud,” but the law also violated the fundamental right to freedom of communication.
Ricardo Tosto – The Lawyer Who Is Shaping Brazilian Law
Ricardo Tosto is one of the most influential litigators in Brasil, who have raised the voice against such issues. As the word spread of his expertise, the business grew from a legal practice in a small room to one of the largest legal offices in the country. In the last years, his firm is instrumental in defining important piece of litigation that marked some of the most important legal cases in the history.