Category Archives: Law System

Ricardo Tosto – Shaping the Litigation Process in Brasil

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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.

The Brazilian Law and Ricardo Tosto the Law Profile

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Brazil has the highest number of Lawyers both professional and training lawyers. The Brazil Law. Their legal systems are regulated by the Brazilian Federal Constitution which has been applied since October 1988. The Brazilian Legal System is formed by the Superior Court of Justice and the Supreme Court as its most essential elements. The two have a large contribution and manages the application of law throughout the country.

The court systems in Brazil are formed by the Ordinary Courts and the specialized courts which are entirely operated by the Government of Federal. The Brazilian Courts are made of the Labor Courts, Military Courts, Electoral courts. The Supreme Court ensures the effectiveness and efficiency of the Federal Constitution in its mandate focus.

He has a proven expertise and experience for in the business law for over 15 years. He has shown excellent results in bankruptcy, bank drafting recovery, and the credit recovery. Among the founding partners of the Tosto e, Barros Advogados is Ricardo Tosto. Some of the top legal areas of specialization for Mr. Ricardo comprise of, Acquisition Review, Administrative Law, Bank Contracts, Credit Recovery, Commercial Law, Civil, Election Law.

In his career, Mr. Rosto has served the Legal and HR Management of several Brazilian companies as the company advisor.  Also, Mr. Tosto has appeared in the Brazilian Legal publication Analise 500 and Legal 500 having been recognized for his outstanding law skills and expertise.

Mr. Tosto acquired his degree of law for the undergraduates at the Mackenzie University and later went for a Business Administration extension. In his profile, Mr. Tosto has worked in the legal service department of the government and several companies. He formerly worked as the President of Judicial Reform Committee at the Sao Paulo Section/Brazilian Bar Association and the Judicial Modernization Committee.