MGMT6018: Business Law & International Contexts
Added on 2021-04-24
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Shama SaiaraStudent ID- 00164542TMGMT6018: Business Law & InternationalContextsPrepared for: Margaret BarronLecturerTorrens UniversityCreating Matrix and Legal BriefAssessment 1: Part 1
1BrazilTopicBrazilAustraliaParliamentary systemThere is applicability of Federal Presidential Representative democratic Republic in which the President is deemed as the head of government, head of state and also of the multi-party system. The Federal Government has control over central government and also over the executive, judiciary and legislative (Martínez-Lara, 2016). The Constitution of Australia was established in 1901 through which afederal system of government was brought forward. This system has the powers being distributed between Commonwealth government and the state/ territorygovernments. The legislative, judiciary and executive powers are divided between different categories based on the Australian Constitution (Ratnapala & Crowe, 2012). Court system The highest Brazilian judiciary is the Supreme Federal Court (Supremo Tribunal Federal). The jurisdiction division and structure, along with the ramifications of judiciary of nation is defined through the Constitution of the nation. There are ordinary courts, i.e. Justiça comum specialized courts Justiça especializada. The former are divided between judiciaries of state and federal, whilst the latter is kept entirely by Federal government, and covers electoral, labour and military courts (Maurer & Barrat, 2016). The Australian judiciary consists of federal courts and the courts of Australian states and territories. The highest court of the nation is High Court of Australia and this is the ultimate court for both the stateand federal laws. Different court systems include Federal Court of Australia, Family Court of Australia, Federal Circuit Court of Australia, and Family Court (Campbell, Lee & Campbell, 2013). Contract lawThe key requirement in this context is that any contract, under the laws of the nation, which involves the government of the nation, or its bodies, has to be written and signed inthe Portuguese language. The validity of this is for agreements, certifications, bids and permissions signed by individuals or companies. It is not important for a private contract to be written in the local language. This is true for the agreements in between parties, documentation related to hiring for specific services, and internal documents signed for hiring employees. Under the Brazilian Civil Code, it is provided that the papers, documents and titles written in foreign language can be registered in their original form without being translated (Deffenti & Barral, 2011). The contract law in Australia is majorly influenced by the English laws. As a result of this, the common law dictates the contract law in the nation. There is no statutory code like Brazil in Australiaregulating the contract law aspects. There is no restriction on language of the contracts in the nation as well (McKendrick, 2014). Shama Saiara
2This is common in order to preserve the original version of such paper, document or title. There are cases where all of the documents need to have an approved copy which is written in Portuguese for producing legal effects in the nation.Agency In Brazil, the labour relations are recognized under the law as being the representative body, before the authorities, of some class of workers. The labour unions have the exclusive right of concluding the collective decisions which relate to the workers; elect the representatives of working class; collect financial contributions of the ones who are represented; and collaborating with government for solving problems which relate to working class. There is a need for the labour unions to give juridical aid to the workers who do not have the finances to afford an attorney and alsocan approve the labour terminations of the ones in same company for morethan a year. In absence of this approval, there are chances of rescission to be challenged legally and for the severance not being paid (Utsumi, 2014).As is the case with contract law, the laws of agency, as are commonly applied under the English laws, apply in the nation as well. So, for the acts done by the subordinates, the superiors are liable (Latimer, 2012). Employment lawThe employment relationships in Brazil are regulated through the written employment contracts. These are governed by the Brazilian Social Security Law, the Federal Constitution,Brazilian Government Severance Indemnity Fund Law (FGTS), and the rules and special legislations put forward by the Ministry of Labour and Employment and the collective bargaining agreements. Even though there is acceptability of oral or tacit contracts, it is often recommended to go for a written contract and that too in Portuguese. There are also implied terms included in the written contracts, which per se are not in written form, but are implied based onthe written terms. The collective agreements which are undertaken with the trade unions become binding The employment law of Australia is amongst the best features of the nation. The Fair Work Act, 2009 (Cth) is a comprehensive legislation,which ensures that the basic rights of the employees are safeguarded. There are anti-discriminatory legislations applicable at federal andstate levels, which not only ensure that no type of discrimination takes place at the workplace, but also makes certain that equal opportunity is provided to all, irrespective of their gender, age, race and other parameters, which can be discriminated upon (Stewart, 2013). Shama Saiara
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