ABSTRACT
This chapter outlines the legal environment in Brazil – the constitutional structure, the legal system and the court system. It outlines the construction industry and discusses the impact of the COVID-19 pandemic on the execution of construction projects and the operation of construction contracts. Applicable legislation in Brazil is identified for three situations: (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. The specific requirements of applicable legislation in Brazil are used to identify what Particular Conditions are necessary or desirable for consistency with applicable laws when (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. Issues that a court or arbitrator may construe differently from that expected from the words of the contract because of local law or custom are identified.
