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by anigbrowl
1149 days ago
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No, it sounds like a civil law country dealing with a recalcitrant business. I think the judge is reaching a bit but I don't know much about Brazil's legal code. Common law countries tend to be extremely accommodating of business entities because they're obsessed with procedure (imho) to the detriment of doing any enforcement. Civil law jurisdictions take the approach of 'we need compliance up front, we can quibble about legal liability afterwards.' Common law countries demand high levels of personal accountability but have elaborate mechanics for distributing accountability across organizations that (again imho) allow the creation of private quasi-sovereignty, and they maintain this in part because it attracts capital to those countries. |
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That's assuming the judge actually followed the law and the constitution, which isn't obvious at all in this case.