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Brazil: Constitutional Amendment Limits Public Spending

(Dec. 16, 2016) On December 13, 2016, the Brazilian Federal Senate approved an amendment to the Constitution that imposes a ceiling on public spending for the next 20 years.  (Proposta de Emenda à Constituição No. 55 de 2016 — PEC do Teto dos Gastos Públicos, Federal Senate website (Dec. 13, 2016).)  The constitutional amendment will […]

Brazil: Court Says Abortion Not a Crime Before End of the Third Month of Gestation

(Dec. 5, 2016) A decision on a Habeas Corpus case issued by the majority of Ministers of the first panel (1a Turma) of the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) on November 29, 2016, ordered the release of physicians and clerks who had been arrested, in a clandestine clinic, for the alleged practice […]

Brazil: Too Many Appeals Slow Down the Judiciary, Says Federal Supreme Court President

(Nov. 29, 2016) On November 21, 2016, the President of the Brazilian Federal Supreme Court, Minister Cármen Lúcia, decried the excessive use of appeals in Brazil, which she said is a main reason for delays in concluding legal proceedings.  Her remarks were given during the launch of National Conciliation Week in the city of Belo Horizonte, located […]

Brazil: Marijuana-Based Medicine Authorized for Use

(Nov. 29, 2016) On November 22, 2016, the Board of Directors of the Brazilian Health Surveillance Agency (Agência Nacional de Vigilância Sanitária, ANVISA) unanimously approved the inclusion of medicines based on derivatives of cannabis sativa (cannabidiol and tetrahydrocannabinol – substances found in marijuana) in list A3 of Administrative Act No. 344/98. (Portaria SVS/MS No. 344/98 […]

Brazil: Supreme Court Reaffirms that Convictions Are to Be Enforced After Confirmation by Appellate Court Decision

(Nov. 17, 2016) A decision on an extraordinary appeal (recurso extraordinário), issued by the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) on November 10, 2016, reaffirmed Court jurisprudence from October 2016 that determined that enforcement of a criminal sentence is to commence after a conviction has been confirmed by the first appellate court to […]

Brazil: Confirmation that Enforcement of Sentences Begins After First Appellate Ruling

(Oct. 11, 2016) On October 5, 2016, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, or STF) ruled that article 283 of the Code of Criminal Procedure does not preclude the enforcement of a criminal sentence commencing after a conviction has been confirmed by the first appellate court to consider the conviction. (STF Admite Execução da Pena […]

Brazil: Municipal Law Prohibiting Uber Ruled Unconstitutional

(Oct. 11, 2016) The Justice Tribunal of the State of São Paulo, Brazil, ruled unconstitutional municipal Law No. 16,279 of October 8, 2016, which prohibits the paid transportation of people to pre-established destinations in private vehicles that are registered with apps. (Lei No. 16.279 de 8 de Outubro de 2015, art. 1,  Municipal Assembly of […]

Brazil: Decree Enacted to Regulate Use of Handcuffs

(Oct. 6, 2016) On September 26, 2016, Decree No. 8,858 was enacted to regulate the use of handcuffs in the Brazil. (Decreto No. 8.858 de 26 de Setembro de 2016, PLANALTO.)  The decree follows the guidelines established in articles 1(III) and 5(III) of the Brazilian Constitution, which provide for the protection and promotion of human […]

Brazil: Federal Supreme Court Recognizes Dual Paternity

(Sept. 23, 2016) On September 21, 2016, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) held that a child’s relationship with one man through socio-affective paternity does not exempt the child’s biological father from paternal responsibility.  A majority of ministers of the STF dismissed an appeal by a biological father from a decision that imposed paternal obligations despite the child’s ties […]

Brazil: State Tribunal and State Government Sign Agreement to Promote Conciliation

(Sept. 15, 2016) The Justice Tribunal of the State of Minas Gerais and the State Secretariat of Health of Minas Gerais, on August 18, 2016, signed a technical cooperation agreement (termo de cooperação técnica) to promote conciliation procedures involving complaints related to public health.  The agreement was in compliance with the National Judicial Policy on Proper […]