Abstract
Brazil is considered to have a legal system of civil law, but one can also find many concepts of common law in it. In 1981, as from the Republic, the Brazilian federation was inspired by the North-Americans in order to create the Brazilian Constitution. The Brazilian judge holds strong powers. One can notice that the Brazilian judge, even without having the defining function of the North American judge, has been invested with large discretionary powers. The condition of the Judiciary as the protector of the individual freedom can only be preserved through its independence and impartiality. The Brazilian Constitution assures the Judiciary of the prerogative of self governing by applying normative and administrative action of self-organization and self-regulation. The guarantees in the article 96 of the Constitution basically aim at establishing the independence of the judiciary towards the other governmental branches. Keywords: Brazilian constitution; Brazilian legal system; impartiality; judicial independence
Published Version
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