The current Brazilian Civil Code (Law 10.406 of January 10, 2002) has been in force since January 11 or 12, 2003, after its one-year vacatio legis . The first version dates from 1916, after the publication of Law No. 3,071 of the same year. [1] [2] [3]
The new text has 2,046 articles organized as follows: [3]
General Part:
Special Part:
The history of Brazilian law, combined with local elements, is intertwined with the history of Portuguese law, which includes the influence of Roman, Germanic and Canon law. After Brazil's independence, the imperial government enacted a bill to maintain the Philippine Ordinances and all previous Portuguese legislation, which had flaws and contradictions, in force in Brazil. The 1891 constitution required a civil code to be drafted as soon as possible. Consequently, a multitude of laws, assents, charters, resolutions and regulations were issued to complement or modify the Legislations. Once independent, the code needed to develop in accordance with the needs of its people. [4]
The interest aroused by the Napoleonic code and the theory of codification influenced Brazilian jurists, and the creation of the first two law schools in the country and the growing production of national legislation, replacing Portuguese legislation, maintained a steady legal emancipation. The jurist Augusto Teixeira de Freitas was entrusted with the consolidation of the legislation in force and the drafting of the civil code for the Empire. He published his incomplete work and called it a sketch, demonstrating his understanding of the importance of the project and the necessity of a broad discussion. Disgusted by the delay in the commission's review of the project and the silent contempt his work received, Freitas suspended the execution of the contract. However, it is evident the influence his text had on South American codes. [5] [6]
The different attempts made by several Brazilians inspired others, revealing a historical solidarity and a long history of failures and successes. The choice of Clóvis Beviláqua to draft the civil code received a lot of criticism, since the country had more experienced and prestigious jurists. However, he was undeterred, and after numerous modifications made by the commission, his work was completed and approved in the House of Representatives, although much later due to Rui Barbosa's opposition. [7]
The first Civil Code had only 1,807 articles, short and few paragraphs, whose main characteristic were the original and national style. It was more concerned with the precision of the language and concepts rather than the effective practical application of the precepts. It was conservative, especially in its provisions on the family, with a complete rejection of social aspects. [8]
The drafting of the 2002 Code was entrusted to Miguel Reale, who invited other jurists to help him. Once the project was completed, it was heavily criticized, as it abdicated the requirement to be a modern law in exchange for comfort and old-fashioned solutions. [9] [10] After amendments, it was approved by the Chamber of Deputies in 1983, but due to the re-democratization of the country and the drafting of the new Constitution, the work was interrupted and fell into oblivion. Abruptly revived, the bill was approved in the Senate and House of Representatives in 2001, and after numerous amendments made to adapt the draft to the new constitutional reality, it was sanctioned by President Fernando Henrique Cardoso in 2002. [11]
An important change in the new code is the unification of civil and commercial law in a single text, the consequence of adherence to the theory of the company, initially adopted by the Italian Civil Code of 1942, promulgated by the fascist government of Benito Mussolini. [12]
The Civil Code of Argentina was the legal code in force between 1871 and 2015, which formed the foundation of the system of civil law in Argentina. It was written by Dalmacio Vélez Sársfield, as the culmination of a series of attempts to codify civil law in Argentina. The original code was approved on September 25, 1869, by the passage of Law 340, and became active on January 1, 1871. With numerous subsequent modifications, it continued to be the foundation of Argentine civil law for more than a century. On 1 August 2015, the Civil Code of Argentina was replaced by a new Civil and Commercial Code - Código Civil y Comercial de la Nación.
Clóvis Beviláqua was a Brazilian jurist, historian and journalist born in Viçosa do Ceará, Ceará, in 1859. Beviláqua was professor of civil and comparative law in Recife. As the author of the Brazilian Civil Code of 1916, whose first draft he presented in 1899, and as that code's first commentator, Beviláqua was the founding father of Brazilian civil law scholarship. He founded and occupied the 14th chair of the Brazilian Academy of Letters, from 1897 until his death in 1944. The chair's patron is Franklin Távora.
The Recife School of Law, is the law school of the Federal University of Pernambuco, it is located in Recife, Pernambuco, Brazil.
Heleno Cláudio Fragoso was a Brazilian professor of Criminal Law and Criminology.
The Civil Code of the Republic of Chile is the work of jurist and legislator Andrés Bello. After several years of individual work, Bello delivered a complete project of the Code on November 22, 1855, which was sent to Congress by President Manuel Montt, preceded by a foreword by Bello himself. Congress passed the Civil Code into law on December 14, 1855. It then came into force on January 1, 1857. Although it has been the object of numerous alterations, the Code has been kept in force since then.
Augusto Teixeira de Freitas (1816–1883) was a prominent Brazilian jurist whose prolific writings inspired all South American private law codifications.
The Federal University of Rio de Janeiro Faculty of Law, also known as the National Faculty of Law, is a law school located in downtown Rio de Janeiro, Brazil.
Epitácio Lindolfo da Silva Pessoa was a Brazilian politician and jurist who served as 11th president of Brazil between 1919 and 1922, when Rodrigues Alves was unable to take office due to illness, after being elected in 1918. His period of government was marked by military revolts that would culminate in the Revolution of 1930, which brought Getúlio Vargas into control of the federal government.
Elpídio Donizetti is a Brazilian jurist, professor of Private Law and Procedural Law, chief judge of the Court of Appeal of Minas Gerais State (TJMG), author of various juridical works and takes part of the jurists committee responsible for writing the new procedural law code.
José Augusto Delgado was a Brazilian Justice.
The Civil Code of the Oriental Republic of Uruguay is a systematic collection of Uruguayan laws designed to comprehensively deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices.
Clèmerson Merlin Clève is a Brazilian jurist, Law school professor, and lawyer.
Events in the year 1981 in Brazil.
Events in the year 1982 in Brazil.
Events in the year 1973 in Brazil.
Ernesto Carneiro Ribeiro was a Brazilian physician, teacher, linguist and educator. His main work is Serões gramaticais, a grammarbook of the Portuguese language.
Victor Nunes Leal was a Brazilian jurist, Minister of the Supreme Federal Court and professor at the Federal University of Rio de Janeiro (UFRJ).
Condução coercitiva is a Brazilian judicial mandate or summons, which provides for a compulsory method of bringing subjects of a judicial process, victims, witnesses, accused parties, or expert subjects into the presence of law enforcement or judicial authorities against their wishes. This is a measure provided for in the Penal Code of Brazil (CPP) as a means of compelling the appearance of a person to attend an action to which he was summoned, but who failed to do so without justification.
Miguel Reale Júnior is a Brazilian jurist, politician, professor and lawyer. He was professor of Criminal Law at University of São Paulo (USP) and Minister of Justice in the government of Fernando Henrique Cardoso. Reale is son of the also jurist Miguel Reale and gained notoriety in 2015 when he proposed, along with jurists Hélio Bicudo and Janaína Paschoal, an impeachment request against president Dilma Rousseff.
Levi Fernandes Carneiro was a Brazilian lawyer, jurist and writer. He was a judge of the International Court of Justice.
