Brazil

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[edit] Basic Information

Flag of Brazil (1889-1960).svg

Brazil is located in the Eastern part of South America, bordering the Atlantic Ocean.[1]. It is the largest country in South America and shares common boundaries with every country in South America except for Chile and Ecuador[2]. The total landmass in Brazil is 3,266,199.16 sq miles[3] Brazil is mostly flat to rolling lowlands in the north end, however, it does have some plains, hills, mountains and narrow coastal belt[4]. The climate of Brazil is mostly tropical but temperate towards the south end of Brazil[5]. The total population is 198,739,269. The age structures are 26,7% are 0 to 14 years old; 66.8% are 15 to 64 years; 6.4% are 65 years and over[6]. The median ages for males are 27.8 years old and females are 29.3 years old[7]. There are many different ethnic groups; 53% are Whites , 22% are Mulatto, 12% are Mestizo, 11% are Black, 1% are Japanese, and 1% are Others such as Arab and Amerindians[8] The religion groups are Roman Catholic (88%), Protestant (6%), Afro-American Spiritua (l2%), Spiritist (2%), Atheist (1%), and Others (1%)[9]. The language spoke the most is Portuguese with 97%; Amerindian language with 1% and other languages with 2% Roman Catholic 88%, Protestant 6%, Afro-Amer.Spirit.2%, Spiritist 2%, Atheist 1%, Other 1%. The offical languages are Portuguese and English.

[edit] Economic Development, Health, and Education

Brazil is a politically stable country. Brazils Gross Domestic Product (GDP) is 1.5 trillion. It is ranked the 15th biggest in the world[10]. It is the second largest economy America after the United States. The GDP per capita in Brazil is 7,600. [11] The key industries are textiles, shoes, chemicals, cement,argiculture, motor vehicles and parts.[12] The key exports are aircraft, coffee, vehicles, soybean, iron ore, orange juice, steel, textiles, footwear and electrical equipment[13]. There partners for exports are the US, China, Argentina, Netherlands, and Germany[14]. Brazil key imports are machinery, electrical and transport equipment,chemical products, oil, automotive parts, and electronics. There partners for imports are the US, China, Argentina and Germany[15].


Its infant mortality rate is 22.58 per 1,000 live births which places Brazil below 97 other countries. Its life expectancy for males is 68 years old while for females it is 76 years old putting Brazil below 121 other countries[16]. The literacy rate for both men and female is 88.6%. At the age of 15 and over, the people from Brazil are able to read and write[17]. The Brazilian Educational System is divided up into three levels: fundamental, intermediate, and higher. The school year in Brazil is 180 days[18]. Fundamental School are for ages 7 to 14 which is from 1st grade to 8th grade. To go ahead to an intermediate school, the fundamental school must be completed. Intermediate schooling takes up to 2,200 hours of school work[19]. The next level of schooling is the higher school. Higher schooling is taught at universities.[20].

[edit] Brief History

Brazil recieved its independence in 1822 by Dom Pedro I. Its government was a monarchical system until 1888 when they abolished slavery[21]. Cabral[22]. The capital of Brazil was Salvador.[23]. Intermarriages were very common throughout Brazil between the Portuguese and other indigenous people or even slaves [24]. Brazil was discovered in 1500 by a Portuguese man named Pedro Alvaros. The colony was ruled by Lisbon until 1808 [25]..Brazil history can be divided up in five periods. The first period is from 1500 to 1550. This period was the logging of Brazil wood. The Brazil wood was a red dye that was important for the textile industry. this is how Brazil recieved its name known as "pau brasil."[26] The second period was the sugarcane period from 1530 to 1650. Slaves were the ones that provided the labor for the fields and mills. The sugarcane cultivation went from Sao Vincente in the South to Pernambuco in the Northeast. Sugar began the development of a capitalist system. [27]. The third period started from 1690 to 1750 which was removing of gold and diamonds. The colonial center shifted away from the Northeast coast into the interior (Minas Gerais). After the gold production went downward, the fourth period began. The fourth period was the coffee cultivation. It ended until the late 1920's. It went from the mountains behind Rio de Janeiro, to the Rio Pariba Valley, to the west across Sao Paulo State and out into Parana. Coffee was Brazils best producer [28]. The fifth period started in the 1930's to the 1990's. This period was the triangle of Sao Paulo-Rio de Janerio-Belo Horizonte[29]. This led to the import-substitution industrialization which attracted rural migrants throughout the country.

[edit] Governance

File:Map.svg Map of Brazil http://www.ri.net/middletown/gaudet/studentwork/migration_webpages_james/Block%20A/brazil_carly_m/brazil.gif

Brazil is governed by civil law. Their legal system is based on Roman codes and federal legislative powers[30]. Their constitution was made up on October 5th, 1988[31].Their constitution establishes the three branches of government; legislative, executive, and the judiciary branch. The Congress involves the Chamber of Deputies and the Federal Senate. They use their legislative power through the legislative process which are the Senate and Chambers of Deputies.[32]. The executive branch is surrounded by the President of the Republic and the Ministers of State[33]. The judiciary branch is made up by the Federal Supreme Court, National Council of Justice, Federal Justice, Labor Justice, State Justice and a couple more Justices[34]. The highest court is the Federal Supreme Court. The president holds office for 4 years, with the right to re-election for an additional 4-year term, and appoints his own cabinet[35] There are 81 senators, three for each state and the federal district[36]. The senate has a 8 year term which is spread out so that 2/3rds of the upper house is up for election at one time and 1/3 after 4 years[37]. There is a bicameral ligislature consisting of an upper Federal Senate and a lower Chamber of Deputies[38].


To vote in Brazil you have to be between the ages of 18 and 70 and it is mandatory. They have to be a citizen of Brazil[39]. People that are 16 years old and 70 years old and over can vote voluntarily. The military conscripts do not vote[40]. If a person does not vote it is difficult to access certain things. For example receiving a passport or bank account. Braizilian citizens are required to vote. In 1996, Brazil began using an electronic voting system. However, the entire country didn't begin using it until 2000[41]. For a candidate to hold office in the executive branch must sign six months before the election[42] The requirements are a minister, governor, mayor or state enterprise director. These are benefical for their elections[43].

[edit] Judical Review

Brazil does have a judical review. The judical review that Brazil follows is the mixed model. The judges in the courts are allowed to ignore the constitution under certain cirrcumstances. Before the new constituion in 1988, Brazil used a diffuse model. Brazil "judiciary had the duty of constituional control with the potential inconsistency of decisions being lessened through stare decisis or a structural equivalent[44]

[edit] Courts and Criminal Law

The criminal law system in Brazil uses an adversary system. Evidence that are made unconstituionally are dismissed in the court. The ciminal sentence has to be final and unappealable to finally consider the criminal guilty. The Federal Supreme Tribunal consists of judges and eleven justices. The justices are appointed by the President of the Republic and they also have to be approved by the Federal Senate. The justices must be between 35 and 65[45]. The justices may retire after 30 years of service but they must retire at the age of 70. Ellen Gracie is the first womam to become one of the justices in the Supreme Court in 2005. Joaquim Barbosa was the first afro-Brazilian. The Federal Supreme Tribunal is to safeguard the constitution [46]. It makes peace between states and it also deals with complaints aganist higher authorities[47]. The key actors in the courtrooms are the judges, plaintiff, victim, attorney, police, experts, clerks and auxiliary court personnel.

There are state courts in every state. The state courts have jurisdiction judges and at least one Appeal Court. They deal with the private individuals and many types of crimes except for the federal crimes which go to the Federal Courts. Trails are not averted by a plea of guilt[48]. Confessions may be admitted as evidence, however, the court are the only ones who determine guilt or not. Brazilian court trials uses an adversarial system.The trail process starts when a complaint is accepted by the judge. They then pick a date to question the defendant[49]. The first step for the trial procedure is immediately after questioning, the defendent will fit out a claim and name the witnesses. The second step is examining the witnesses, beginning by the state's witnesses. Both parties may present evidence throughout the ciminal process. If the judge is convinced that the defendant is found guilty, the prosecutor may ask to move it to a Jury Court. The Jury Court consist of a judge and 21 jurors[50]. The state's witnesses cannot hear the debates so they are taken away from the trial while seven out of twenty-one are selected to hear the case. The jury recieves documents to hear the state's witnesses, judge, defense counsel, plaintiff, prosecutor and sometimes the defense's witnesses. The verdict is decided from the decission of the majority of the jurors[51].

[edit] Punishment

Persons older than 18 are under the Penal Code. Juvenile offenders are between the ages of 12 and 17. They are under the Statute of Children and Adolescents. Unstead of being sentenced to prison, they are sent to an institution or in custody under a training order. Children under 12 years old cannt be tried on indictment[52]. There main concern is returning the juveniles back to the community. They focus on rehabilitation for juveniles.

30 years is the maximum amount of time to be incarcerated. The penalities are all up to the kind of offense, behavior and personality of the offender. A couple other penalities are fines and deportation. However, most of the offenses are punished with imprisonment. Some typical punishments for offenses are:

  • intentional homicide (12 to 30 years)
  • major assault (1 to 12 years)
  • rape (6 to 10 years)
  • kidnaping (8 to 30 years)
  • theft (1 to 4 years)
  • violent robbery (4 to 30 years)
  • embezzlement (1 to 6 years)
  • arson (3 to 6 years)
  • corruption (2 to 12 years)[53].

Prisons in Brazil are one of the most human right problems. The inmates are held in scandalously abusive conditions. The population in prison is more than 360,000 even though the capacity is suppose to be 207,000[54].. Most of the Brazilian inmates are young, poor, male and uneducated. One- third of the inmates around between the ages of 20 to 30[55].

Brazil does not use capital punishment. The only exception is in case of war declared by Congress and as a response to aggression by a foreign nation[56]. From 1995 to 1999, the numbers of inmates that were imprisoned increased by 30.5%. By 2000, the prison population was 200,000[57]. The main problem for prisons in Brazil are the overcrowedness.

Women that are in prison that have children are allowed to keep their children with them untill they are complete with breast feeding.

[edit] Legal Personnel

The police forces organization differs from state to state. To become a lieutenant, sergeant,captain, majors and colonels, a four year program at the Police Academy is required. The majors and colonels salaries are about the same as the state prosecutors[58] . Law enforcements are trained by the police academy.The curriculum trained depends on what the country is dealing with the most at that time. Soliders are choosen by a public selection. Candadiates are required to have completed middle school and passed several exams. Also, the candadiate must have a clean criminal record. After the candidate has been selected, they must train for about 10 to 12 months. [59] There are 358,166 military police officers in Brazil which is 211.3 for every 100,000 people. There salaries are between $2,950.00 to $5,350.00 annually. There are 7,403 federal police officers. For beginner officers, there wages are $19,310.20 and police chiefs are $43,376.73. There requirements are a college degree and two exams which are psychological and intellecutal exams. After they pass those exams, they go to a training program which varies from 4 to 8 months at the National Police Department[60].


Judges also have a process to go through to become a judge. They are selected by a screening process. A judge must be at least 24 years old and must have at least two years of experience as a practicing attorney. Federal judges average age is 34. Candidates selects which type of judge they would like to focus on and takes a test which is very difficult and most candidates thrive. These types of judges are state, federal, military, and labor judges[61]. After two years of working as a judge, they have a life term commitment. They have to work until they retire or if they committ a serious act. There are around 14 thousand judges in Brazil with an income of $65,000,00 american dollars.

[edit] Law Enforcement

Policing in Brazil is centralized[62]. Brazil has two state police forces. These polices forces are the Military Police and the Civil Police. There are Military Police in each state[63]. They are responsible for keeping order within the States and Federal District. Civil Police are responsible for the duties of a judical police force and investigating criminal offenses and also forensic work[64]. Each state has different rules and uniforms for each Miliary Police force. Police chiefs are known as delegates and the force is commanaded by the general delegate. The general delegate has the same rank of the commandant of the Military Police. To become a delegate, they must have a law degree, and must be selected by public examination. Officers with lower-ranking are known as investigators. The only way to get promoted is to recieve a law degree[65].


Brazil also has three federal authorities: the Federal Police, the Federal Highway Police, the Federal Railway Police[66]. The Federal Police are responsible for investigating crimes that are against the Federal Government or its ogans and companies. They are also responsible for the internation drug trafficking and terroism[67]. The Federal Highway Police is responsible for fighting crimes on Brazilian federal roads and highways. The Federal Railway Police is responsible for patrols and securitys on federal railways[68]. The Federal Police chose there members from graduates of the National Police Academy. To join the state police you must pass a test that happen periodically. Delegates must be bachelors of law and pass a three-phase test. If they are approved, they must undergo a formative course in the police academy[69].

[edit] Crime Rates and Public Opinion

Rates of Key Crimes
Homicide 
28.4
Robbery 
12.1
Aggrevated Assualt 
36.2

Crime in Brazil is very high[70]. The murder rate in Brazil is four times higher than the United States[71]. . The most common crimes that occur in Brazil are theft, pickpocketing, cons and "quicknapping[72]." Quicknapping is when someone is kidnap for a small amount of time to recieve a ransom[73]." Since Brazil is a country in which there is a lot of tourism, these types of crimes occur more often then a non tourism country. Theft occurs mostly at airports and tourist areas in Brazil. Cons are also common to tourist because they notice that you are not from Brazil and will offer to take you around and they end up robbing you[74]. The homicide rate in Brazil in 2002 was 28.4 per 100,000 people[75]. In 2002, there was 49,570 homicides that were reported; 53.1 were males and 4.3 were females. Some crime reports do not have the population. For example, colleges, highway patrol, state police, and drug enforcment agencies[76]. The least reported crime is rape [77]. Citizens of Brazil favor the capital punishment. 51 percent of the people think that capital punishment should be reinstated[78].

[edit] Rights

[edit] Family Law

[edit] Marriage

Getting married in Brazil has requirements that need to be fulfilled. There has to be two people of the opposite sex. They both have to be 18 years of age and if they are younger than 18, they need consent of their parents or legal guardian. Same sex marriage are illegal in Brazil[79]. People cannot get married if a person was married before and has not completely finished the process of divorcing. Also, if you are closely related to the other person. Such as, siblings[80]. There are documentation and procedure that you need to meet before you get marriage. You need to register to get married and you need proof of the documents. Also, publication of the banns and getting a marriage licence. The place to register for marriage is in the Civil Registry Office. They are responsible of finding out if on of the couple is a resident of Brazil. To fill out the document of registration, they must do it 30 days before the marriage date ceremony. It could take up to 20 to 60 days to process[81].

[edit] Divorce

Brazil was forbidden to divorce until 1977. Brazil had doubled their divorce rate since 1985 and most people believe that this is because the 1988 abolition. Men were now able to divorce as many times as they please. Before the aboltion, they could only divorce twice in their lifetime[82]. Sociologist believes that woman are now ashame if they stay with a man when they abused them while in the past, they would look down upon because the woman divorced her husband. Brazil has a law that states, married couples must wait two years after their marriage to get a divorce and they must wait two years after their divorce to remarry[83].


Local family courts handle divorce and custody in Brazil. Brazilian Civil Code lets married parents have equal rights of custody tho their minor child. However, the U.S. Embassy of Brazil have gender discrimination[84]. Women are much more likely to recieve custody of small children or girls. Also, braizilan parents would get custody before a foreign pattern does. Parental abduction is only a crime when it happens in Brazil and both the parents are Brazilian. However, if a Brazilian parent takes the child to Brazil without the foreign parents custodial right, it becomes a crime[85].

[edit] Adoption

Brazil and the United States have an agreement with adoption called the Hague Adoption Convention. The adoptive parent(s) from the United States much come to Brazil to adopt a child[86]. The child is not allowed to go to the United States to get adopted. Adopting a child is a long process. People may adopt children from Brazil without the parent being a citizen, however, there are some consequences. Most of the children are five years and up; sibling groups; and special needs childrens[87]. The adoptive parent(s) must be at least twenty-one years of age. There are no marriage requirements to adopt a child from Brazil. When the adoption papers are completed, the adoptive parent(s) must stay in Brazil for at least 15 days when the child is under two years old and 30 days when the child is over two years old[88].

[edit] Citizenship

There are many ways of becoming a citizen in Brazil. If one of your parents are a citizen of Brazil, then you are also a citizen of Brazil no matter where you were born. All children born in Brazil are also citizens, except if your parents are on the blue list[89]. Women have the same equal right as men do to become a citizen of Brazil.

[edit] Abortion

Overall, abortion is illegal in Brazil. There are only two reason that make abortion legal. The first reason is if the mother was rapped. The second is if the mother has to risk her life[90]. There is a punishment for performing an abortion or consenting to one other than the reason said above which is three years of prison. If performing the abortion causes harm to the woman than the punishment increases by one-third and if the abortion causes the death of the woman than the punishment is double[91].

[edit] Social Inequality

[edit] Human Rights

Article 5 in the Brazil constitution talks about equality amoung the people in Brazil. Article 5 says "all persons are equal before the law, without any distrinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the rights of life, liberty, equality, security, and property."[92] Men and women in Brazil are treated equally with equal rights.

[edit] Works Cited

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  9. ↑ Roman Catholic 88%, Protestant 6%, Afro-Amer.Spirit.2%, Spiritist 2%, Atheist 1%, Other 1%.
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  73. ↑ Brasilia*Brazil. info. 2007. "Brasilia Brazil Crime - How To Stay Safe In Brazil's Capital City" Website assessed 10/26/09 http://www.brasiliabrazil.info/brasilia-brazil-crime.html
  74. ↑ Brasilia*Brazil. info. 2007. "Brasilia Brazil Crime - How To Stay Safe In Brazil's Capital City" Website assessed 10/26/09 http://www.brasiliabrazil.info/brasilia-brazil-crime.html
  75. ↑ http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5308a1.htm
  76. ↑ National Criminal Victimization Report. 1996. "Uniform Crime Reports" Website Assessed 10/26/09 http://www.disastercenter.com/indiana/crime/3144.htm
  77. ↑ National Criminal Victimization Report. 1996. "Uniform Crime Reports" Website Assessed 10/26/09 http://www.disastercenter.com/indiana/crime/3144.htm
  78. ↑ http://www.angus-reid.com/polls/view/12893
  79. ↑ Agloinfo."Getting Married In Brazil." AgloINFO limited.200-2009.Assessed 10 Nov. 2009. http://www.adopt.com/brazil/index.html
  80. ↑ Agloinfo."Getting Married In Brazil." AgloINFO limited.200-2009.Assessed 10 Nov. 2009. http://www.adopt.com/brazil/index.html
  81. ↑ Agloinfo."Getting Married In Brazil." AgloINFO limited.200-2009.Assessed 10 Nov. 2009. http://www.adopt.com/brazil/index.html
  82. ↑ Survery of Divorce Rates in Different Countries."All China's Women Federation."2007. Assessed 10 Nov. 2009 http://www.womenofchina.cn/focus/marriage_and_family/5166.jsp
  83. ↑ Survery of Divorce Rates in Different Countries."All China's Women Federation."2007. Assessed 10 Nov. 2009 http://www.womenofchina.cn/focus/marriage_and_family/5166.jsp
  84. ↑ International Parental Child Abduction. "U.S.Department of State." Bureau of Counsulars Affairs. Assessed 10 Nov. 2009 http://travel.state.gov/family/abduction/country/country_3056.html
  85. ↑ International Parental Child Abduction. "U.S.Department of State." Bureau of Counsulars Affairs. Assessed 10 Nov. 2009 http://travel.state.gov/family/abduction/country/country_3056.html
  86. ↑ Adopt.com. Brazil. 1997-2010. November 18th, 2009. http://www.adopt.com/brazil/index.html
  87. ↑ Adopt.com. Brazil. 1997-2010. November 18th, 2009. http://www.adopt.com/brazil/index.html
  88. ↑ Adopt.com. Brazil. 1997-2010. November 18th, 2009. http://www.adopt.com/brazil/index.html
  89. ↑ International Parental Child Abduction. "U.S.Department of State." Bureau of Counsulars Affairs. Assessed 10 Nov. 2009 http://travel.state.gov/family/abduction/country/country_3056.html
  90. ↑ Reed Boland, The Current Status of Abortion Laws in Latin America: Prospects and Strategies for Change, The Journal of Law, Medicine and Ethics, vol. 21, issue 69, Spring 1993.
  91. ↑ Penal Code, Special Pt., Title I - Crimes Against the Person, ch. I - Crimes Against Life, at Article 127.
  92. ↑ ICL. "Brazil Constitution." 5 Oct. 1988. Assessed November 18, 2009.http://www.servat.unibe.ch/icl/br00000_.html
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