As one of the world’s largest, Brazil is no stranger to many controversial laws that have sparked passionate debates and discussions. Brazil adheres to the heritage of written laws under civil law. Congress is responsible for passing laws and codes.
Top 10 Controversial Laws in Brazil
Dive into Brazil’s top 10 controversial laws here, and let us know if they amaze you
1) Abortion Law.
The law permits access to a free and safe abortion up until the 12th week of pregnancy for any cause. Abortion is permitted up to the fourteenth week in rape instances if they file a legal complaint.
President Alberto Fernández initiated abortion safeguards in Argentina by introducing and passing the law, in contrast to many other countries where the discussion over abortion occurs in the legislative or judicial domains. The Argentinian congress enacted the law at the end of 2020 with a lot of help from women organizing street protests dressed in green or donning green bandanas.
2) Pension Reforms.
The Brazilian government proposed amending the Constitution to change the nation’s social security system. It was known as the pension reform in Brazil. It required majority support in both houses of the National Congress to amend the Constitution. The reform addressed the massive pension system deficit—more than R$194 billion in 2018—and the country’s rapid population aging.
On February 20, 2019, to begin the legal ceremony, Brazilian President Jair Bolsonaro gave the original text to Rodrigo Maia, President of the Chamber of Deputies. On October 22, 2019, the Federal Senate established the reform plan, making it law and putting it into impact immediately. The reform, amongst other things, raises the retirement age and extends how long civil service employees are eligible for the maximum retirement payout.
3) Gun Control Law.
As of 2005, residents must register all firearms in Brazil, and the legal age to own a firearm is 25. In widespread, carrying a gun outdoors on your property is illegal, but a few groups, such as cops, are given special authorization. A gun license, which costs R$88,00, and a fee to renew the gun register every ten years are required for residents to be able to own firearms legally. You can check in with the Federal Police individually or online. Until 2008, people could finish the preliminary registration of an unregistered firearm without charge to the gun proprietor; after that, they started charging a referring cost per decade.
4) LGBTQ+ Law.
The Supreme Federal Court decided to provide same-s*x couples the same 112 legal rights as couples in stable partnership on May 5, 2011. They required a 10-0 vote to accept the ruling, and one justice chose not to participate since, as attorney general, he had openly defended same-s*x unions. The decision read stable same-s*x relationships and the same financial and social rights as opposite-s*x unions. The Superior Court of Justice declared on October 25 that it is acceptable for two women to wed. This overturned two lower courts’ decisions against the women. These rulings set the path for the eventual legalization of same-s*x marriage. As a result, on May 14, 2013, the Justice’s National Council of Brazil passed a resolution that mandates all civil registers in the nation to authorize and perform same-s*x marriages and convert any currently stable unions into marriages if the couples so desire. A vote of 14-1 passed this decision.
5) Land Reform.
With the passage of the Land Act in 1966, the Brazilian government began a land reform project in response to the problem of lowering land ownership inequality and intensifying land use. Since its inception, the program’s execution across time and space has undergone significant differences. This study examines the pattern of land ownership and distribution in Brazil and the effects of the 1990s-era land reform effort. The National Household Survey (PNAD), which covers the years 1992 to 2002 (apart from 1994 and 2000), and land confiscations released by the Brazilian Institute for Land Reform (INCRA) were used to implement this plan.
6) Labor Laws.
The Labour Court, a court of labor judges, is one of the most crucial to understand to hire foreign workers among the numerous departments of the Brazilian judicial branch that regulate labor laws. The Labour Court specializes in resolving disputes between employees and employers and labor relations.
The Superior Labour Court settles labor claims and considers Brazilian labor legislation when standardizing labor laws. A judge from the Labour Court may dismiss a labor claim, but the plaintiff may appeal a judge’s decision to the Regional Labour Court. If someone appeals that decision, it lands there.
A law requiring a minimum wage for hourly workers is an example of labor regulation. The employment legislation and benefit union workers adopted the following additional regulations:
- Legal assistance
- reductions in college tuition
- discounts on vacations, water parks, and even gym memberships
- Discounts on dental and health insurance plans
- Discounts at drugstores
7) National Environmental Policy.
Through Law No. 6938, the Brazilian government implemented the National Environmental Policy (NEP) in 1981. The essential goal of this approach was to create requirements that enable sustainable growth and make specific advanced environmental protection. The NEP addressed environmental troubles, including standardization, licensing, environmental effect analyses, designated preservation areas, financial incentives for cleaner production, and environmental zoning. According to the ten ideas listed in Article 2 of Law 6938, the rules of this policy are via standards and plans to direct governmental corporations of the Brazilian Federation.
8) Internet Act.
The Brazilian Internet Act requires that all data transferred over the Internet receive equal treatment. No preference or discrimination based on content, origin, destination, or the type of access device, terminal, or application used is permissible. Net neutrality prohibits connection suppliers and service providers from blocking, limiting, or giving customers priority access to particular items. Still, it does not ban connection suppliers from varying pricing based on the connection speed.
Net neutrality will stop businesses from dealing with connection providers to guarantee precedence in transmitting their material at the expense of other content
9) General Data Protection Law.
They started a federal law in Brazil called the General Data Protection Law (LGPD) to converge 40 different regulations that govern how people’s data is processed. It was passed on September 18, 2020, with a backdate of August 16, 2020, for implementation. Starting on September 18, 2020, data subjects and public agencies can assert their rights, while penalties will become effective on August 1, 2021.
The LGPD contains 65 articles in all. The rights of data subjects, often known as individuals or “natural persons,” or those whose data is collected and/or processed, are covered in articles 17 to 22. It has ten, four more than the GDPR, legal basis for processing personal data.
10) Anti-Corruption Act.
The Clean Company Act, sometimes known as the Brazilian Anti-Corruption Act, is a law that was passed in Brazil in 2013 to combat corrupt business practices. Its official number is Law No. 12,846 of August 1. It outlines civil and administrative penalties and the potential for penalty reductions for assistance with law enforcement under a formal leniency agreement signed and approved by both the government and the companies.
Only juridical persons, such as corporations and other institutions, are subject to the legislation; individuals are not, as other laws protect them.
They often used this Act, leading to leniency deals that have returned billions of reals to the Brazilian Treasury, most notably the arrangement with Odebrecht S.A., which was responsible for twelve billion reals on its own.
Conclusion
A sequence of contentious problems marks Brazil’s criminal panorama, each with unique societal, economic, and political ramifications. The ongoing debates surrounding those laws reflect a country amid complicated transitions and pursuing an extra equitable and secure destiny. The resolution of these controversies will keep forming Brazil’s criminal and social framework, impacting its citizens and standing worldwide.
