Brazilian law is founded upon a combination of Portuguese civil law and the Roman-Germanic legal tradition. After existing for centuries as a Portuguese colony, once Brazil achieved its independence, it enacted a new constitution and created its own legal system.
While most foreigners will find that the structure of Brazilian law is not very different from what they have come to know in their own countries, Brazilian criminal law has a unique flavor of its own. Here are a few odd facts that you may not know about criminal law in Brazil.
30 Year Sentencing Term Limit
On September 13th, a Brazilian court in Rio de Janeiro sentenced four Brazilian police officers to prison terms exceeding 30 years. The sentences were imposed after the officers were found guilty of the killing of 11-year old Juan Moraes during a shootout in the Danon slum back in July.
Moraes was running an errand for his mother when he was hit by police fire associated with a nearby conflict. His body wasn’t found until three days after the shooting. Mourners placed pictures of Moraes at the beach along with roses.
One of the officers was sentenced to 66 years in jail. The remaining officers were sentenced to terms ranging from 33 to 36 years.
This tragedy highlights one of the peculiar aspects of Brazilian criminal law. Regardless of the length of the prison term imposed by the court, no one can serve more than 30 years in prison.
Prisoners with College Degrees Receive Preferential Treatment in Jail
Michael Lynn, a fugitive lawyer from Ireland who resides in Brazil, is awaiting extradition after being arrested for allegedly fleeing from criminal charges in Ireland back in 2007. He’s being held in Cotel, a notoriously overcrowded and run-down prison located outside the northeastern city of Recife. Cotel has a maximum capacity of 700 prisoners, although it regularly holds more than three times that amount.
Lynn’s situation is interesting because of his request to the court. He is seeking preferential treatment while he is being held. That’s because university graduates are eligible for special accommodations prior to their being sentenced that include private cells and better food. These privileges are also offered to ex-police officers.
For anyone dealing with the criminal justice system in Brazil, it pays to ask a lawyer about the peculiarities of Brazilian criminal law.