Category Archives: Brazilian Law

Ricardo Tosto – Lawyer Who is Shaping the Brazilian Law

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.

There Are 95 Million Law Cases In Brazil And Lawyers Keep Adding Cases To The Backlog

Brazil has a Judicial system that is out of control. Brazil has more than 1,240 law schools. That is more than the rest of the world combined. There are more than 800,000 lawyers in the country, and that means Brazil has more lawyers per capita than the United States. Brazil’s 1988 Constitution created a large number of rights for the people, according to legal expert Ricardo Tosto. When the people realized they had these new rights, they started to litigate to get them.

Ricardo Tosto knows a lot about the legal system in his country. Tosto specializes mergers and acquisitions, credit recovery, corporate restructuring, electoral law, international law and commercial and civil litigation. His solid law practice helped get the law firm Leite, Tosto e Barros Advogados started. Tosto has been a practicing lawyer for more than 22 years.

Ricardo is a graduate of the Universidade Presbiteriana Mackenzie. Tosto also has a Business Administration degree from FAAP. He is a member of the International Bar Association, and he is a past president of the São Paulo OAB Commission. Tosto tried to modernize the legal process while he was part of the OAB Commission. Mr. Tosto is also a member of the Brazilian Bar Association, as well as the Law Firms and Partnerships Research Centre.

There are 16,000 judges in Brazil, and there are many judgeships that are unfilled, according to Mr. Tosto. Even though judges can earn $10,000 a month, many lawyers choose a private practice because the money is better. Tosto recently told an interviewer that a simple legal case would take at least three to five years before it is resolved. Some lawyers tell stories of people growing old and dying before their cases are heard in front of a judge. Waiting to get legal issues resolved in Brazil is a nightmare, and it seems like the system continues to add cases to the existing backlog. One reason for the backlog is the 800,000 lawyers in the country are trying to make a living, and most of them get paid before cases are in front of a judge.