Understanding the Brazilian Legal System: Hierarchy of Laws
Constitutional Norms
Constitutional norms represent each rule contained in the Federal Constitution, the supreme law of the regulatory system. These rules do not admit violations of rules below, on pain of being deemed unconstitutional and removed from the system. Some constitutional provisions are so important and comprehensive that they convert to general principles of law, i.e., parameters that guide the development and application of other rules.
The Constitution provides two essential functions:
Read MoreSpanish Constitution: Key Principles and Rights
Higher Values of the Legal System
The higher values of the Spanish legal system are freedom, justice, equality, and political pluralism.
Sanction of the Constitution
The Spanish Constitution was sanctioned on December 27, 1978.
Role of the Armed Forces
The Armed Forces must ensure the sovereignty and independence of Spain, defending its territorial integrity and legal order. They are made up of the Army, Navy, and Air Force.
Preventive Detention
Preventive detention cannot last longer than the time strictly
Read MoreUnderstanding the Spanish Legal Framework: Key Components
The Spanish Legal System
The Spanish legal system is based on the need for general rules that facilitate coexistence in society.
Legislative Branch
The legislature, executed by general courts consisting of the Senate and Congress, is responsible for drafting and passing laws.
Executive Branch
The executive branch is formed by the government, which in turn consists of the president, vice president, ministers, and other members established by law. Its function is law enforcement.
Judicial Branch
The judiciary
Read MoreUnderstanding the Right to Vote: Active and Passive Suffrage
The Right to Vote and Liabilities
The Right to Vote: Concept and Nature
“Suffrage is a public right granted by the legislature” (Art. 23.1 CE)
The vote is not a duty but a right. It is not a natural right, and you need the state apparatus behind it to promote the conditions necessary for individuals to vote and exercise their right to vote.
It is a public and not private law, as is general. Although the act of voting is private for each one, the results cover the public sphere because the results make
Read MoreUnderstanding Obligations and Liabilities in Civil Law
Concept and Classification of Obligations
Credit Rights: The powers that allow a person (creditor) to require another person (debtor) to act in a certain way. An obligation is the legal relationship whereby a person, called the debtor, is subject to performing a specific action that another person, named the creditor, has the right to demand.
Elements of an Obligation
- Real Elements: The content of the material or performance obligation on which the obligation rests.
- Personal Elements: Debtor and creditor.
Civil Procedure: Jurisdiction and Legal Actions
Study these procedures to obtain a positive legal outcome.
Jurisdiction: Voluntary and Contentious
Next to the action, we have jurisdiction. Law enforcement is carried out only by the judiciary. The rite is the determination of the action, applicable to the case. Jurisdiction can be:
- Voluntary: Refers to cases in which the judge is involved, not to resolve a conflict, but only to authorize it. Examples include marriage and adoption.
- Contentious: Requires the intervention of the judiciary to resolve