Understanding Public and Private Law: Labor Regulations
Public and Private Law
Public law: Its rules are intended to regulate the activity of the state and public organisms. It includes:
- International Public Law
- Political Law
- Administrative Law
- Criminal Law
- Procedural Law
- Financial Law
- Community Law
- Labor Law
Private law: Regulates relations between individuals, or between individuals and the state/public bodies when the latter are acting in a private capacity. It includes:
- Private International Law
- Labor Law
- Civil Law
- Commercial Law
Characteristics Regulated by Labor
Read MoreUnderstanding Key Contract Types: Sale, Lease, and Loan
The Contract of Sale
This contract is (i) consensual, (ii) real, (iii) bilateral, and (iv) onerous. For representation of money, we usually understand a cheque, a promissory note, or a bill of exchange.
Despite the consensual nature of the contract, the sales contract causes real effects (transfer of property). Consequently, as a result of the preceding provisions, we could distinguish two phases in a sales contract:
- Obligational
- Real
Obligation Phase
The contract is perfected when the mutual consent
Read MoreParliamentary Functions: Lawmaking, Control, and Referendums
Parliamentary Functions: An Overview
In joint session, Parliament elects the Head of State and receives their oaths, appoints 5 judges of the Constitutional Court and a third of the Supreme Judicial Council, decides on the prosecution of the President of the Republic and members of Parliament and the Government.
Parliament functions in committees that are very similar in both houses. The Standing Committees number 13, and they are represented by parliamentary groups in proportion to their seats. Both
Read MoreUnderstanding Corruption: Active, Passive, and Embezzlement
Corruption can be of two types, as defined by Article 333 CP:
- Active: Refers to the corrupting party.
- Passive: Refers to the corrupt public official.
Passive Corruption
In Brazilian criminal law, passive corruption is a crime committed by public officials against the administration in general.
Active Corruption
Active corruption consists of offering any benefit or satisfaction of desire that may affect the morality of public administration. This offer can be made in many different ways. It is characterized
Read MoreLabor Disputes: Types, Measures, and Resolution Procedures
Labor Disputes and Conflict Resolution
Types of Labor Disputes
Labor disputes can be collective, plural, or individual. Conflicts of interest arise when legal disputes cannot be resolved through the courts and are based on the interpretation or approval of a norm. These must be resolved before a judge.
Measures of Conflict
Workers’ mobilizations begin to demand what they believe is best. These instruments of pressure can include meetings, assemblies, and demonstrations, allowing the conflict to escalate.
Read MoreSerious and Imminent Risk Situations: Prevention and Response
Situations of Imminent and Serious Risk
Prevention law defines situations of imminent and serious risk as those that are reasonably likely to materialize in the foreseeable future and that may pose serious harm to health.
Characteristics of Serious Risk Situations
- Probability of Materialization: There is a rational chance of the risk being triggered. For example, a boiler with excessive pressure, a roof in poor condition that may collapse, or a deposit with a toxic agent subjected to abnormally high