Despite the fact that new legislation often provides a mean to solve complex legal issues, it can also prove problematic. Brasil is the finest example of new laws, where 18 new laws are passed every day, but most of them are judged unconstitutional by the court. In fact, an increasing number of these laws does not make sense. As a result, the judiciary is consistently involved in discarding laws that are socially inappropriate. It also means that the legal process in Brazil is very slow despite reasonable efforts by some lawmakers to provide appropriate rules that will solve most social problems.
Unconstitutionality is one of the main problems in the quality of laws, especially on the state and municipal level. It is notable that a law is constitutionality questioned by means of a Direct Action of Unconstitutionality. From 2000 to 2010, the Federal Supreme Court (STF) judged 2,752 laws as unconstitutional, which were related to federal and state laws. From 1988 until now, 20.5% of all newly formed laws were judged unconstitutional. In the important jurisdictions such as São Paulo, the Court of Justice, judged 338 laws as unconstitutional in 2010, alone. In fact, these figures does not constitute the majority of laws on local level.
The structural hierarchy of the legislative process doesn’t help either. For instance, if a governor veto a law, it will not end there because the Legislative Assembly can easily remove the veto. As a result, the issue ends up knocking at the door of Rio Court.
For Ricardo Tosto and his litigation team, the cumbersome legislative process in the country is a nightmare for organizations and the public. As one of the largest and most competent firms in the nation, the team of Ricardo Tosto is known for its commercial and civil litigation.
Starting from a small room in an office, the firm has become a leading name in the legal sector. As such, Ricardo Tosto, is also instrumental in shaping major legal cases in Brazil. In fact, Who is Who legal guide nominated him as one of the best lawyers in the commercial litigation in the country.