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by inglor_cz
206 days ago
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Dominance of courts does not necessarily mean rule of law. Courts are human institutions fallible to all sorts of human weaknesses. Rule of law is a more abstract concept. Would you subject your startup or your personal property to Brazilian courts voluntarily as a foreigner? If not, maybe you don't trust them either. |
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I would not subject myself or my property to a foreign court system for various reasons, but first and foremost because I'm not subject to their laws.
If I'm on Brazilian territory or doing business in Brazil, however, the question is equally pointless: barring certain exceptions, you are subject to the Brazilian laws to the extent of your presence in the country - period. You have no choice on this matter.
Courts are fallible and that's why you have levels, due process, and presumption of innocence. The Brazilian system is not perfect and it's slow but you cannot say the American system is much better when comparing decisions at same court level.