Law of Brazil

Module 3

Federalism, states, municipalities and indigenous law: the Union, the states, the Federal District and the municipalities, competences, indigenous peoples, quilombola and traditional communities and prior consultation

Brazil is a federation of the Union, 26 states, the Federal District and municipalities. Unusually, the municipalities are autonomous members of the federation (Article 18), with their own laws, mayors and councils. The Constitution divides powers into exclusive federal powers, concurrent legislative powers, in which the Union sets general rules and the states fill in the details, and common administrative powers, in which all levels cooperate. The Constitution also recognises indigenous peoples and their original rights over traditionally occupied lands (Article 231), as well as quilombola communities. For a foreigner, building, trading, land and the environment often depend on the municipality and the state as well as the Union.

General education on the law of Brazil, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the authority and the state concerned. It does not offer legal representation or a legal opinion on any case. Consult a Brazilian lawyer for any real matter.

This course was written on 6 November 2026. To the best of our knowledge, it describes the law of Brazil as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.