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Brazil: Air Companies Charged for Flight Delays

(Jan. 2, 2008) On December 5, 2007, the Brazilian Minister of Defense, Nelson Jobim, announced that airline companies will have to indemnify passengers for flight delays. According to Jobim, the idea is to create a system that rewards the passenger and discourages flight delays. The penalty fee will only be applied when the delay is […]

Brazil: Proposed Constitutional Amendment Changes Divorce Law

(Dec. 2, 2007) A Special Commission of the Brazilian Chamber of Deputies is analyzing a proposal for a constitutional amendment that would reduce to one year the necessary period before a couple can file for divorce. Appended to it is an additional proposal that would extinguish the institution of judicial separation, a legal remedy available […]

Brazil: Proposed Law Gives Estranged Couples Equal Rights over Children

(Dec. 2, 2007) On October 23, 2007, the Brazilian Federal Senate approved the draft of a proposed supplemental law that changes the way children of estranged couples are raised. According to the proposed law, both parents will share all aspects of the children's education, custody, expenses, educational and health responsibilities, and time spent with the […]

Brazil: Strike Rights Limited by the Federal Supreme Court

(Dec. 2, 2007) On October 25, 2007, the Brazilian Federal Supreme Court (STF) ruled that public servants have the right to go on strike, but imposed limitations on this right. Although foreseen by the Constitution of 1988, the issue has never been regulated by Congress with appropriate legislation. In its decision, STF declared Congress omissive […]

Brazil: Congress Analyzes Changes to Code of Criminal Procedure

(Nov. 2, 2007) The Commission of Constitution, Justice and Citizenship of the Brazilian Chamber of Deputies approved a proposed law amending the Code of Criminal Procedure. The proposed law is part of a body of proposals previously sent in 2001 to the National Congress by the Brazilian Presidency. Among the many changes to the Code, […]

Brazil: New Subjects Included in Curriculum of Public Basic Education

(Nov. 2, 2007) On October 1, 2007, the Legislative Assembly of the State of Rio de Janeiro, Brazil, approved and promulgated Law No. 5,096, on the inclusion in the curriculum of basic education for public schools the teaching of human sexuality. The Law makes the subject mandatory and completely distinct from any other class and […]

Brazil: Federal Supreme Court Decision Changes Electoral Law

(Nov. 2, 2007) On October 4, 2007, the Brazilian Federal Supreme Court issued a decision determining that the "electoral mandates" (seats) of Members of Congress who keep switching from one political party to another belong to the political party on the basis of which they were initially elected and not to the Members themselves. The […]

Brazil: Maternity Leave Extended

(Nov. 2, 2007) On October 18, 2007, the Commission on Human Rights of the Brazilian Federal Senate unanimously approved a draft law extending maternity leave from four to six months and expanding the benefit to women who adopt young children. The proposed law also allows the full deduction of two extra months of salary from […]