Ricardo Tosto de Oliveira Carvalho: A Great Brazilian Lawyer

Mr. Tosto is one of the most known and prominent legal practitioners and strategists in Brazilian legal practice in Brazilian history. He started practicing in a small law office and rose on to higher orbits in the most experienced litigation law firm in Brazil. He later quickly established his own firm, and it became unrivaled and unparalleled in Brazil. In the span of his career, he has defended numerous public personalities in government and other practicing professions. Ricardo Tosto has defended and provided companies and other institutions with legal services.
He pioneered the adoption and ratification of numerous legal frameworks which have now become incorporated into the Brazilian legal community. He has also gained a track record of mentoring many lawyers who were interns at his office. The very same interns have now become accomplished layers and even proceeded to become his partners. He is involved in overseeing the firms most important cases where he offers innovative strategies and in the case of any arising problem he offers strategic leadership.
As a result of dominion by colonial masters on Brazil, Brazilian Law is derived from Portuguese Law. After the country attained independence from its colonial masters in 1822 it became important for the nation to come up with an autonomous legal institution and also have a well-trained and highly skilled legal practitioner workforce. The very earliest of law schools were therefore started in São Paulo and Olinda.
Historically the nation of Brazil has been influenced by many foreign legal systems. For instance, the Brazilian civil law has evolved to German from French. Brazilian Civil Code was closer to Napoleonic Code, yet German Civil Code was also noted to a huge extent during the 20th century. The nation’s code that was enacted in 2002 took a lot of inspiration from Italian Civil Code. This code was targeting the unification of private law. The legal system of Brazil can, therefore, be said to be hybrid in nature.
The Brazilian legal system is closely connected to the civil law tradition. The system is anchored on statutes with the Federal Constitution being the highest law of the country that cannot be challenged in any court of law or by anyone. Any suggestions to amend the constitution can only be taken and executed in a Constitutional Amendment (Emenda Constitucional – EC).
Other bills of law or ordinary legislation have to be in conformity with the Federal constitution. Ordinary legislations can be done at the state and municipal legislative levels. The concept of sumulavinculante was recently introduced in the Constitutional Amendment (45) and it is very similar to the stare decisis doctrine , a document that consists of binding interpretations that have been published by the Federal Supreme Court (Supremo Tribunal Federal – STF).

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