home.social

#brazilianlaw — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #brazilianlaw, aggregated by home.social.

  1. I just learnt the ban on #anonymity present in the #BrazilianConstitution ¹ is much weaker than I expected.

    Basically it's only legal to out the real person behind a #pseudonym if it's used for illicit activities.

    Source: migalhas.com.br/amp/depeso/371

    ¹ Article 5th incise 4 says: «é livre a manifestação do pensamento, sendo vedado o anonimato;» (the manifestation of thoughts is free but anonymity is forbidden)

    #BrazilianLaw

  2. New life "achievement" unlocked: trying to explain what a fucking #laudêmio is off the top of my head over Discord.

    TLDR: a laudêmio is a 2.5% real property sales "tax" paid to the original owner of the land due to a covenant-like thing called an « enfiteuse » (emphyteusis).

    An « enfiteuse » is kinda like a partial sale of land whereby the buyer gets into a covenant to pay a yearly « foro » (kinda like a tiny rent) and a « laudêmio » every time the property is sold. I suspect that part of the exchange was a lower purchase price.

    Apparently this system was created to allow the cultivation of land that the owner had no means to cultivate but still didn't wanna sell it.

    TLDR 2: #PropertyLaw is confusing.

    #BrazilianLaw

  3. #TIL: There's an #STJ 2019 #precedent in #BrazilianLaw that application providers (e.g. websites, apps, etc.) must include the port number in their access logs when it's an #IPv4 connection as this is often necessary to identify who is behind #internet misuse.

    Context: in Brazil, most application providers are legally required to keep an #AccessLog for six months.

    stj.jus.br/sites/portalp/Pagin

  4. @MasonBee @ricardoharvin Do you have any ideas for how the justice system could be reformed to avoid so much emphasis on #StareDecisis? Perhaps some rule that precedents must be re-examined every 100 years? Or some mechanism for legislatures to ask/order supreme courts to re-examine old (50+ years) precedents?

    I'm not a lawyer but I enjoy #law as a topic of study and discussion. I'm most familiar with #BrazilianLaw and #UsLaw.