Meaning of Legal Order (What it is, Concept and Definition)

Legal order is the set of norms of a state expressed in law.

It is a normative system, which establishes an order in which the law must respect the laws and norms established in the country, so that the Legal Power carries out its work based on these.

Legal order does not have an exact synonym, but other expressions replace it, such as hierarchical disposition of the set of laws, or legal normative system.

In English-speaking countries such as England and the United States, the legal system is called cool system.

Brazilian legal system

The Brazilian legal system has the following sequence, in direct order of superiority:

1. Federal Constitution of 1988

2. Laws, decrees and jurisprudence

3. Normative acts, ordinances and resolutions

4. Contracts, court judgments, acts and legal transactions.

Therefore, contracts made between civilians are subject to resolutions and normative acts, which by in turn must be in accordance with published laws and decrees, which are subordinate to the Constitution.

The Brazilian Legal System is influenced by Roman-Germanic law, and has a civilist character. The highest law of the State is the Constitution of the Federative Republic of Brazil, of October 5th, 1988.

The Constitution defines that the Union is divided into three independent and harmonious powers: Executive Power, Legislative Power and Judiciary Power.

And from the division of powers it is up to each of them to maintain the legal system, according to their competences. In this case, the Executive Power is composed of the Head of State, or the President of the Republic, at the federal level. At the state level by the Governor, and at the municipal level by the Mayor.

In the Brazilian Legal System, states and municipalities have autonomy to draw up State Constitutions and their own laws, as long as they are subordinate to the Federal Constitution.

The Legislative Power is composed of councilors, state deputies, federal deputies and senators. It is their duty to draft the laws that will form part of the national legal system.

And the Judiciary Branch is responsible for maintaining and enforcing the laws and the Constitution. At the federal level, it is divided between the Federal Supreme Court (STF), the Superior Court of Justice (STJ), the Regional Federal Courts (TRFs) and the Federal Court. There are also courts at the state level, as well as those specializing in electoral, labor and military matters.

The instruments of the Brazilian Legal System are provided in the Constitution, and they are: constitutional amendments, complementary laws, ordinary laws, and provisional measures.

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