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Legal Structure Of Brazil And Australia

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Question:

Discuss about the Legal Structure of Brazil and Australia.
 
 

Answer:


Topic

Brazil

Australia

Legal Structure

 

 

 

 

 

Civic-Law Country (predominance of codified statues)

Brazil has a written and form single document constitution.  The supreme law of the country is the Federal Constitution. The justice system of Brazil has a big number of courts in the form of hierarchy called instances. Judges are described as investigators perform the activities of establishing facts through witnessing and applying remedies in legal codes. Each state in Brazil has its own constitution. The president is the head of state. The president has executive powers. Bills of law are sanctioned by the president. Tax structure of the country is in favour of trade liberalisation and constant updates of legislation for food production in Brazil will contribute to high growth of the industry in which Woolworth operates.

 

Common-Law Country (case law is in the form of judicial opinions)

Australia has a Federal system with 9 jurisdictions.

Australia is a constitutional monarchy. The head of the government is the Queen of Australia. She points her representative on the advice of Commonwealth Government as Governor General. Federal laws are enacted by the Australian Parliament. The parliament is consisting of two houses, house of Senate and the representatives. It has six states and three self governing territories as its federation. The each state and territory has its own constitution and laws. The queen of Australia has the executive powers. The high court is at the top of the Australian Judicial System. It is the final court to appeal for jurisdiction.(Condeixa, 2012)

Contract law

 

 

The Contract Law in Brazil is based on Brazilian Civic Code. It takes consumers’ code in consideration and protects the interest of products’ end user.

For every contract specific requirements and regulations are written. These specifications involve lease agreements, patents and copyrights etc. The parties should be legal and moral to enter into a contract. The agreement once signed, the parties have to meet its obligations. It is impartial among the parties.  It prohibits favour of any party; any one party cannot take all the advantage of the contract. The impartial nature of contract law is beneficial for the Woolworths to start business in the country (Oliveira Lawyers, 2012). The Woolworths can be assured of justice in case local vendors/companies with whom it signs agreement or contract fails to meet obligations.

The contract law in Australia is based on English Common Law; it provides the freedom of contract. The parties are to free to strike at any bargain according to their choice.

The Australian Contract law does not require any special forms or procedures. The law is applicable to online contracts and is regulated by Federal. The Australian Business Number of registered corporation is required in public documents. Unlike the Contract law of Brazil, parties are not bound by the contract in Australian Law of Contract. Personal Property Securities Act will apply on security interest of personal property.  The consumer protection law involves product safety provisions, prohibitions against misleading, prohibition on manufacture of defective goods and liability prohibition on importers of damaged goods. The Contract law of Australia is not codified. Party’s rights are influenced by the various statues(Utz, 2015).

Intellectual Property

There have been high levels of counterfeiting and piracy in Brazil. Like internet piracy and delays in examination of patents and copyrights. Federal Law regulates the Patent Law in Brazil.

Patents rights are acquired by INPI (National Institute of Industrial Property). The basis for examination of patents is first to file basis instead of date of creation.

Federal Law protects the copyrights. Copyright registration is not enough in case of any dispute registration certificate of authorship is also required.

Trademarks are regulated by the IP Law. They are acquired by registration with INPI. Trademarks are also on first to file basis. Protection of intellectual property is a matter of concern. National Council has been established by the Federal Government to deal with the problem of piracy and crimes related to Intellectual Property and innovation. The council in coordination with representatives from private and public sector takes national action against IP crimes. The growth in protection of IP rights and rise of consumer protection and competition laws are favourable for the Woolworths (Brazil Government, 2017).

The Intellectual Property Law includes laws related to patents, trademarks, designs and secret processes. The Australian Intellectual Property Law focus on protecting innovation in the business.

IP rights and legislation are controlled by the Australian Government Agency, IP Australia. The patent law provides the legal right to stop the other party from using or selling an invention. Trademark provides the legal safety to brand name to be used by other firm. Copyright provides protection to innovative ideas in creation of new material. (Austrade.gov.au, 2018)

Agency

 

 

Commercial agent is defined as an intermediary for performance of commercial businesses. It works through agency of tenders. It works on the basis of indemnity. It is carried out by an individual without any relationship with the employment. They work on non occasional basis. It will help in increasing the customer base for Woolworths. And will provide better relationship with customers (Agentlaw, 2018).

Australia has Federal Legal System as Agency Law. There is no other distinct concept for it. The term agent is related to activities like security and investigation. The commercial agent holds the license for commercial activities. It deals with the sale and purchase of goods (Agentlaw, 2018).

Employment law

 

 

The main source of Labour Law is Labour Code. It is governed by various laws and regulations. It contains several labour provisions. It provides the right to strike, collective bargaining and unions in both public and private sector. The constitution related to labour law sets monthly minimum wages, overtime rates and working hours of the labours. It also deals with leaves including maternity, medical and vacation. It also sets compensation basis.

It provides the labours with social security papers including their employment contract. The employment contract helps in making employees aware of their duties and responsibilities and the social security helps in increasing organizational commitment (Deloitte, 2018). The employment law of Brazil is somewhat different from Australia. Thus, it is important for Woolworths to be aware of employment law to ensure proper legal compliance.

The main sources of Australian Employment Law include common law. Legislation and industrial instruments. The FW Act regulates the employment schemes. The law protects the interest of workers working as a pursuant to a contract of service.

The Employment Law is not required to be written. Fair Work Information statement is provided to all the employees. The Law deals with maximum working hours, flexible working hours, emergency leave, personal leave, public holidays and notice of termination etc.

The right of trade union is not applicable. The employees are not entitled to represent at board level (ICLG, 2018).

 
 

References

Agentlaw. (2018). Australia. Retrieved from Agentlaw.co.uk: https://www.agentlaw.co.uk/site/global/Australia.html

Agentlaw. (2018). Brazil. Retrieved from Agentlaw.co.uk: https://www.agentlaw.co.uk/site/global/brazil.html

Austrade.gov.au. (2018). Australian Intellectual Property laws. Retrieved from Austrade.gov.au: https://www.austrade.gov.au/International/Invest/Guide-to-investing/Running-a-business/Understanding-Australian-business-regulation/Australian-Intellectual-Property-laws

Brazil Government. (2017, October 8). Brazil - Protecting Intellectual Property. Retrieved from Export.gov: https://www.export.gov/article?id=Brazil-Protecting-Intellectual-Property

Condeixa, F. (2012). Parallels between judicial activism in Brazil and Australia: A critical appraisal. The Western Australian Jurist, 3, 103-125. Retrieved from https://classic.austlii.edu.au/au/journals.

Deloitte. (2018). Labor legislation for Brazilians. Retrieved from Deloitte.com: https://www2.deloitte.com/br/en/pages/doing-business-brazil/articles/labor-legislation-for-brazilians.html

ICLG. (2018, April 17). Employment and Labour Law. Retrieved from Iclg.com: https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/australia

Oliveira Lawyers. (2012, November 28). Contract law in Brazil operates on civil code. Retrieved from Oliveiralawyers.com: https://oliveiralawyers.com/news/business-law/contract-law-in-brazil-operates-on-civil-code/

Utz, C. (2015, May 7). Australian Contract Law. Retrieved from Acc.com: https://www.acc.com/legalresources/quickcounsel/australian-contract-law.cfm

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