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Florida Atlantic University Undergraduate Law Journal

College

College of Business

Keywords

Brazil, United States, Legal systems, Civil law, Common law, Portuguese colonizers, English common law, Codification, Legal certainty, Precedent, Judicial interpretation, Colonial influences, Independence movements, Constitutional reforms, Legal framework, Historical records, Primary legal texts, Scholarly analyses, Legal evolution, System differences

Document Type

Article

Abstract

The legal systems of Brazil and the United States have developed from unique historical and cultural backgrounds. Brazil’s legal framework is rooted in civil law principles brought by its Portuguese colonizers, focusing on codification and legal certainty. In comparison, the U.S. system emerged from English common law, prioritizing precedent and judicial interpretation. This paper explores how colonial influences, independence movements, and constitutional reforms specifically shaped the civil and common law frameworks in both countries. By drawing on primary legal texts, historical records, and scholarly analyses, this research examines how these events influenced the evolution of each system. Additionally, this paper highlights the key differences between these two systems and how historical events influenced each country’s approach.

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