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Administrative Law - Chapter 13 - Doing Business in Brazil

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Doing Business in Brazil - Looseleaf

Doing Business in Brazil - Electronic


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Administrative Law

A. INTRODUCTION
13.101 Brazil is a Federative Republic, with a representative form of government, and consists of the union of its States, the Municipalities, and the Federal District. All power is derived from the people and is exercised in their name, at the three separate levels—federal, state, and municipal. The exercise of this power is divided between the legislative, executive, and judiciary branches. The legislative is responsible for enacting legislation and supervising the executive. The executive is responsible for enforcing the law and for the conduct of government business; it assumes on occasions the law- aking functions of the legislative by making provisional measures in relevant and urgent cases, or delegated laws. Congress may also delegate to the head of the executive (the President of the Republic) the power to legislate (by delegated laws). Such resolution may stipulate that the subject matter of the law be examined by Congress. The judiciary is responsible for applying the law to specific cases.  
 
B. FEDERAL GOVERNMENT 
13.102 At the federal level, the executive power is exercised by the President of the Republic, who is elected by qualified voters, by free, direct and secret ballot. The Vice President is elected on the same slate as the President. The Vice President assists the President on special missions when called upon to do so, in addition to performing the other functions attributed to his office. The Vice President stands in for the President in the event of incapacity, and succeeds to the Presidency in the event of impeachment or vacancy in the office of President for any other reason.

Pinheiro Neto - Advogados, established in 1942, is Brazil's leading commercial law firm with offices in Sao Paulo, Rio de Janeiro and Brasilia. The founding Editor of this publication, the late J.M. Pinheiro Neto, was the Legal Advisor to the British Chamber of Commerce in Brazil.


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