Comparative Business Law: Brazil and Australia Legal Frameworks

This report provides a comparative analysis of the business law frameworks in Brazil and Australia, focusing on key areas relevant to business operations. It begins by outlining the legal structures of each country, including their constitutional frameworks and judicial systems. The report then delves into specific areas of law, including contract law, examining the differences in how contracts are formed and enforced in each jurisdiction. It also explores intellectual property law, addressing the protection of patents, trademarks, and copyrights, and the challenges of counterfeiting and piracy. Furthermore, the report examines agency and employment law, comparing regulations related to commercial agents and employment contracts, including workers' rights and obligations. The analysis considers the implications of these legal differences for businesses, such as Woolworths, looking to operate in either country. Finally, the report references and cites relevant legal and business resources to support its findings.

Business Law

Topic Brazil Australia
Legal Structure Civic-Law Country
(predominance of codified
statues)
Brazil has a written and
form single document
constitution. The supreme
law of the country is the
Federal Constitution. The
justice system of Brazil has
a big number of courts in the
form of hierarchy called
instances. Judges are
described as investigators
perform the activities of
establishing facts through
witnessing and applying
remedies in legal codes.
Each state in Brazil has its
own constitution. The
president is the head of state.
The president has executive
powers. Bills of law are
sanctioned by the president.
Tax structure of the country
is in favour of trade
liberalisation and constant
updates of legislation for
food production in Brazil
will contribute to high
growth of the industry in
which Woolworth operates.
Common-Law Country
(case law is in the form of
judicial opinions)
Australia has a Federal
system with 9 jurisdictions.
Australia is a constitutional
monarchy. The head of the
government is the Queen of
Australia. She points her
representative on the advice
of Commonwealth
Government as Governor
General. Federal laws are
enacted by the Australian
Parliament. The parliament
is consisting of two houses,
house of Senate and the
representatives. It has six
states and three self
governing territories as its
federation. The each state
and territory has its own
constitution and laws. The
queen of Australia has the
executive powers. The high
court is at the top of the
Australian Judicial System.
It is the final court to appeal
for jurisdiction.(Condeixa,
2012)

Contract law The Contract Law in Brazil
is based on Brazilian Civic
Code. It takes consumers’
code in consideration and
protects the interest of
products’ end user.
For every contract specific
requirements and regulations
are written. These
specifications involve lease
agreements, patents and
copyrights etc. The parties
should be legal and moral to
enter into a contract. The
agreement once signed, the
parties have to meet its
obligations. It is impartial
among the parties. It
prohibits favour of any
party; any one party cannot
take all the advantage of the
contract. The impartial
nature of contract law is
beneficial for the
Woolworths to start business
in the country (Oliveira
Lawyers, 2012). The
Woolworths can be assured
of justice in case local
vendors/companies with
whom it signs agreement or
contract fails to meet
obligations.
The contract law in
Australia is based on
English Common Law; it
provides the freedom of
contract. The parties are to
free to strike at any bargain
according to their choice.
The Australian Contract law
does not require any special
forms or procedures. The
law is applicable to online
contracts and is regulated by
Federal. The Australian
Business Number of
registered corporation is
required in public
documents. Unlike the
Contract law of Brazil,
parties are not bound by the
contract in Australian Law
of Contract. Personal
Property Securities Act will
apply on security interest of
personal property. The
consumer protection law
involves product safety
provisions, prohibitions
against misleading,
prohibition on manufacture
of defective goods and
liability prohibition on
importers of damaged
goods. The Contract law of

Australia is not codified.
Party’s rights are influenced
by the various statues(Utz,
2015).
Intellectual Property There have been high levels
of counterfeiting and piracy
in Brazil. Like internet
piracy and delays in
examination of patents and
copyrights. Federal Law
regulates the Patent Law in
Brazil.
Patents rights are acquired
by INPI (National Institute
of Industrial Property). The
basis for examination of
patents is first to file basis
instead of date of creation.
Federal Law protects the
copyrights. Copyright
registration is not enough in
case of any dispute
registration certificate of
authorship is also required.
Trademarks are regulated by
the IP Law. They are
acquired by registration with
INPI. Trademarks are also
on first to file basis.
Protection of intellectual
property is a matter of
concern. National Council
has been established by the
The Intellectual Property
Law includes laws related to
patents, trademarks, designs
and secret processes. The
Australian Intellectual
Property Law focus on
protecting innovation in the
business.
IP rights and legislation are
controlled by the Australian
Government Agency, IP
Australia. The patent law
provides the legal right to
stop the other party from
using or selling an
invention. Trademark
provides the legal safety to
brand name to be used by
other firm. Copyright
provides protection to
innovative ideas in creation
of new material.
(Austrade.gov.au, 2018)

Federal Government to deal
with the problem of piracy
and crimes related to
Intellectual Property and
innovation. The council in
coordination with
representatives from private
and public sector takes
national action against IP
crimes. The growth in
protection of IP rights and
rise of consumer protection
and competition laws are
favourable for the
Woolworths (Brazil
Government, 2017).
Agency Commercial agent is defined
as an intermediary for
performance of commercial
businesses. It works through
agency of tenders. It works
on the basis of indemnity. It
is carried out by an
individual without any
relationship with the
employment. They work on
non occasional basis. It will
help in increasing the
customer base for
Woolworths. And will
provide better relationship
with customers (Agentlaw,
2018).
Australia has Federal Legal
System as Agency Law.
There is no other distinct
concept for it. The term
agent is related to activities
like security and
investigation. The
commercial agent holds the
license for commercial
activities. It deals with the
sale and purchase of goods
(Agentlaw, 2018).
Employment law The main source of Labour The main sources of

Law is Labour Code. It is
governed by various laws
and regulations. It contains
several labour provisions. It
provides the right to strike,
collective bargaining and
unions in both public and
private sector. The
constitution related to labour
law sets monthly minimum
wages, overtime rates and
working hours of the
labours. It also deals with
leaves including maternity,
medical and vacation. It also
sets compensation basis.
It provides the labours with
social security papers
including their employment
contract. The employment
contract helps in making
employees aware of their
duties and responsibilities
and the social security helps
in increasing organizational
commitment (Deloitte, 2018).
The employment law of
Brazil is somewhat different
from Australia. Thus, it is
important for Woolworths to
be aware of employment law
to ensure proper legal
compliance.
Australian Employment Law
include common law.
Legislation and industrial
instruments. The FW Act
regulates the employment
schemes. The law protects
the interest of workers
working as a pursuant to a
contract of service.
The Employment Law is not
required to be written. Fair
Work Information statement
is provided to all the
employees. The Law deals
with maximum working
hours, flexible working
hours, emergency leave,
personal leave, public
holidays and notice of
termination etc.
The right of trade union is
not applicable. The
employees are not entitled to
represent at board level
(ICLG, 2018).

References
Agentlaw. (2018). Australia. Retrieved from Agentlaw.co.uk:
http://www.agentlaw.co.uk/site/global/Australia.html
Agentlaw. (2018). Brazil. Retrieved from Agentlaw.co.uk:
http://www.agentlaw.co.uk/site/global/brazil.html
Austrade.gov.au. (2018). Australian Intellectual Property laws. Retrieved from
Austrade.gov.au: https://www.austrade.gov.au/International/Invest/Guide-to-
investing/Running-a-business/Understanding-Australian-business-regulation/
Australian-Intellectual-Property-laws
Brazil Government. (2017, October 8). Brazil - Protecting Intellectual Property. Retrieved
from Export.gov: https://www.export.gov/article?id=Brazil-Protecting-Intellectual-
Property
Condeixa, F. (2012). Parallels between judicial activism in Brazil and Australia: A critical
appraisal. The Western Australian Jurist, 3, 103-125. Retrieved from
http://classic.austlii.edu.au/au/journals.
Deloitte. (2018). Labor legislation for Brazilians. Retrieved from Deloitte.com:
https://www2.deloitte.com/br/en/pages/doing-business-brazil/articles/labor-
legislation-for-brazilians.html
ICLG. (2018, April 17). Employment and Labour Law. Retrieved from Iclg.com:
https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/australia
Oliveira Lawyers. (2012, November 28). Contract law in Brazil operates on civil code.
Retrieved from Oliveiralawyers.com: https://oliveiralawyers.com/news/business-
law/contract-law-in-brazil-operates-on-civil-code/
Utz, C. (2015, May 7). Australian Contract Law. Retrieved from Acc.com:
http://www.acc.com/legalresources/quickcounsel/australian-contract-law.cfm