Brazil Copyright Laws

Brazil Copyright Laws

The Brazilian legal system relating to copyright is based on the civil law tradition, which means that written rules are the main sources of law in Brazil. Judicial precedents, however, are also considered to be relevant sources of law, particularly the most recent reforms of the Civil Procedure Code.

The Federal Constitution is the highest-ranked law within Brazil, after which there are secondary sources of law, such as supplementary laws, ordinary laws, decrees and provisional measures. The Constitution takes precedence over any other law, which must conform with and be construed in accordance with the constitutional provisions. In case of conflict between laws, the highest-ranked law prevails. The secondary sources of law will only apply when the law is silent regarding a certain matter. In these cases, the precedents and general principles of law should be used to construe the rule applicable to such matters.

International rules and treaties are only enforceable in Brazil if a local law internalizes and incorporates it into the Brazilian legal system.

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