Law and society in Brazil: the prevailing perceptions of law in Brazilian society

TLDR: In this paper, the authors provide an analysis of Brazil's legal culture and the ways in which people are able to excuse themselves from submission to positive law, and explain the manner in which Brazilian law operates in practice as opposed to theory.

Abstract: Due to the chasm in Brazil that exists between law on paper and 'law' in practice, anyone wishing to understand how the country works in reality will also need to consider the ways in which people are able to excuse themselves from submission to positive law. An observation of Brazil's reality reveals a society that is deeply regulated by contra-legem (anti-legal) rules. These are not the rules that are taught in law schools, but rather are socially defined rules that vary remarkably from the state codes, statutes and the rulings of the courts. This article provides an analysis of Brazil's legal culture. 'Legal culture' means the prevailing perceptions about law in society and the general attitudes towards the formal legal system. Thus, this article explains the manner in which Brazilian law operates in practice as opposed to theory.