CONSTITUTIONAL LAW
At Martin Law, we bring over a decade of experience in the defense of fundamental constitutional rights, providing expert representation at every level of the legal system. From lower courts to the highest legal authorities, such as the Federal Supreme Court (STF) and higher courts in Brasília, we have consistently upheld the core principles enshrined in constitutional law.
Our founding partner, Mark Martin, is a seasoned specialist in Constitutional Law. A graduate of Estácio de Sá University in 2013, Mark’s focus on both Constitutional and International Law has formed the backbone of our firm’s legal practice. Having passed the Minas Gerais Bar Association exam in Constitutional Law on his first attempt, Mark has demonstrated a longstanding commitment to constitutional principles and their intersection with global legal frameworks. This background equips him and our team with the depth of knowledge needed to handle complex constitutional disputes that often involve intricate international legal issues.
Defending Constitutional Rights on an International Scale
Constitutional law governs the fundamental principles that define the rights of individuals and the structure of a state. In an increasingly globalized world, the defense of these rights is not limited to national borders. The interplay between domestic constitutional law and international legal norms has become more pronounced, with cross-border implications for the protection of fundamental rights. International Constitutional Law deals with this delicate balance, ensuring that constitutional principles are upheld while respecting international agreements, treaties, and human rights standards.
At Martin & Oliveira, we have built a comprehensive practice that integrates constitutional law with international legal frameworks. Our expertise allows us to represent clients in a wide range of constitutional matters, whether they concern domestic constitutional issues or involve international dimensions such as extradition proceedings, defense of foreigners’ rights, or the extraterritorial application of constitutional protections.
Our Areas of Expertise in Constitutional Law
The team at Martin & Oliveira offers a wide range of services that cater to the defense of constitutional rights in both domestic and international contexts. These services include:
1. Defense of Clients in the Federal Supreme Court (STF)
The Federal Supreme Court serves as the guardian of the Brazilian Constitution. We provide expert defense for clients in cases that reach this court, ensuring that their constitutional rights are protected at the highest level of the judiciary. Whether it’s a direct challenge to the constitutionality of a law or defending fundamental rights, our experienced team brings a wealth of knowledge to bear in every case.
2. Appeals to the Higher Courts in Brasília
Our attorneys regularly represent clients in appellate matters before the Superior Courts in Brasília, including the Superior Court of Justice (STJ) and the Federal Regional Courts (TRFs). We handle appeals in both civil and criminal cases, advocating for the correction of legal errors or unconstitutional rulings made in lower courts.
3. Constitutional Actions: Direct Actions of Unconstitutionality (ADI) and More
We are highly skilled in bringing and defending against constitutional actions such as Direct Actions of Unconstitutionality (ADIs), Originating Actions, Actions of Non-Compliance with Fundamental Precepts (ADPF), and Declaratory Actions of Constitutionality (ADC). These actions are pivotal in safeguarding constitutional guarantees and ensuring that infraconstitutional laws do not infringe on the rights provided by the Constitution.
4. Oral Support Before the STF
Oral arguments can be critical in influencing the decisions of higher courts. Our lawyers provide expert oral advocacy before the STF, delivering compelling arguments that are clear, concise, and rooted in solid constitutional jurisprudence.
5. Pre-activity in All Higher Courts (STF, STJ, TRT, TRF, etc.)
We provide proactive legal strategies in all the higher courts, including the Federal Supreme Court (STF), Superior Court of Justice (STJ), Regional Labor Courts (TRT), and Federal Regional Courts (TRF). This involves a comprehensive approach to each case, preparing every detail to ensure the most favorable outcomes for our clients.
6. Preparation of Opinions on Constitutional Law
Our expertise extends to the preparation of legal opinions on constitutional matters, which often play a crucial role in judicial proceedings. These opinions help courts, businesses, and individuals understand the constitutional implications of specific laws, policies, or legal actions.
7. Representation in Binding Summary Proposals
Binding summaries are an essential tool for ensuring legal uniformity and certainty. We represent clients in the submission and defense of binding summaries before higher courts, helping to establish or challenge legal precedents that have wide-ranging implications.
8. Analysis of the Constitutionality of Infraconstitutional Rules
We offer meticulous analysis of the constitutionality of infraconstitutional rules—those laws and regulations that are subordinate to the Constitution. Our assessments help businesses, individuals, and governmental entities navigate the complex legal landscape, ensuring compliance with constitutional principles.
9. Defense of Foreigners’ Constitutional Rights
Foreign nationals are entitled to constitutional protections while in Brazil. We offer robust representation in cases involving the defense of foreigners’ constitutional rights, addressing issues such as freedom of movement, property rights, and equal protection under the law.
10. Defense in Extradition and Expulsion Proceedings
Extradition and expulsion proceedings often have profound constitutional implications, particularly regarding due process and the right to a fair trial. We defend individuals facing these proceedings, ensuring that their constitutional rights are protected throughout the process.
11. Defense of Fundamental Rights
Our practice also includes the defense of fundamental rights such as the right to life, liberty, security, property, education, health, religious freedom, freedom of expression, and privacy. We handle cases that affect the core freedoms guaranteed by the Constitution, advocating for clients whose basic rights are under threat.
12. Habeas Corpus Before the STF and Higher Courts
Habeas corpus actions are critical tools in protecting individuals against unlawful detention. We have significant experience filing habeas corpus petitions before the STF and higher courts, securing the release of individuals who are wrongfully detained or facing unconstitutional constraints on their freedom.
International Constitutional Law: A Global Perspective
With the increasing interconnectedness of legal systems across the globe, constitutional issues often transcend national boundaries. At Martin Law, we are adept at navigating the complexities of international constitutional law. Whether representing Brazilian clients abroad or defending foreign nationals in Brazil, we bring a deep understanding of international treaties, human rights conventions, and other cross-border legal frameworks that influence constitutional law.
Our firm provides a unique advantage in cases involving international elements. These include:
•Extradition proceedings that involve international law, human rights, and constitutional protections.
•Defending the constitutional rights of foreign nationals in Brazil, ensuring they receive the same protections as Brazilian citizens.
•Cross-border legal disputes that require the application of both Brazilian and international constitutional principles.
At Martin Law, our commitment to defending constitutional rights is unwavering. With over 10 years of experience, a deep understanding of constitutional and international law, and a proven track record of success in the highest courts, we are the trusted advocates for individuals, businesses, and entities facing complex constitutional challenges. Whether defending fundamental rights, challenging the constitutionality of laws, or navigating the interplay between domestic and international law, we stand ready to protect your rights and ensure justice is served.
Let our expertise in constitutional law guide you through your most challenging legal matters, providing the representation you need to safeguard your rights, both at home and abroad.
