Federal government of Brazil
Encyclopedia
The Federal government of Brazil is the national
central government
of the Federative Republic of Brazil established by the Federal Constitution
to share sovereignty over the national territory with the other federating units – the states, the Federal District
and the municipalities.
Brazil is a federal
presidential
constitutional republic
, based on representative democracy
. The federal government has three independent branches
: executive, legislative, and judicial. Executive power
is exercised by the executive branch, headed by the President
, advised by a Cabinet
. The President is both the head of state
and the head of government
. Legislative power is vested upon the National Congress
, a two-chamber legislature comprising the Federal Senate
and the Chamber of Deputies
. Judicial power is exercised by the judiciary, consisting of the Supreme Federal Court, the Superior Court of Justice
and other Superior Courts
, the National Justice Council
and the regional federal courts
.
The Federal Constitution
is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states, to citizens, and to all people within Brazil.
The seat of the federal government is located in Brasília
. This has led to "Brasília" commonly being used as a metonym for the federal government of Brazil.
|Dilma Rousseff
|Worker's Party
|1 January 2011
|-
|Vice President
|Michel Temer
|Democratic Movement Party
|1 January 2011
|}
(Congresso Nacional) consists of
There are no limits on the number of terms one may serve for either chamber. The seats are allotted proportionally to each state's population, but each state is eligible for a minimum of eight seats and a maximum of 70 seats. The result is a system weighted in favor of smaller states that are part of the Brazilian union.
15 political parties are represented in Congress
.
Since it is common for politicians to switch parties, the proportion of congressional seats held by particular parties changes regularly. To avoid that, the Supreme Federal Court ruled in 2007 that the term belongs to the parties, and not to the representatives.
adversarial system
. The Judicial branch is organized in states' and federal systems with different jurisdictions.
The judges of the courts of first instance take office after public competitive examination. The second instance judges are promoted among the first instance judges. The Justices of the superior courts are appointed by the president for life and approved by the Senate. All the judges and justices must be graduated in law. Brazilian judges must retire at the age of 70.
The Judiciary Subsections have federal courts of first instance and each Region has a Federal Regional Tribunal (Tribunal Regional Federal) as a court of second instance.
There are special federal court systems for labor litigations, called Labor Justice (Justiça do Trabalho), for electoral matters, called Electoral Justice (Justiça Eleitoral), and for martial criminal cases, called Military Justice (Justiça Militar), each of them with its own courts.
in civil and criminal cases: the Superior Justice Tribunal (Superior Tribunal de Justiça, STJ) and the federal supreme court
, called the Supreme Federal Tribunal
.
The STJ grants a Special Appeal (Recurso Especial) when a judgement of a court of second instance offends a federal statute
disposition or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts for labor law, electoral law and military law
.
The STF grants Extraordinary Appeals (Recurso Extraordinário) when judgements of second instance courts violate the constitution. The STF is the last instance for the writ of habeas corpus
and for reviews of judgments from the STJ.
The superior courts do not analyze any factual questions in their judgments, but only the application of the law and the constitution. Facts and evidences are judged by the courts of second instance, except in specific cases such as writs of habeas corpus.
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
central government
Central government
A central government also known as a national government, union government and in federal states, the federal government, is the government at the level of the nation-state. The structure of central governments varies from institution to institution...
of the Federative Republic of Brazil established by the Federal Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
to share sovereignty over the national territory with the other federating units – the states, the Federal District
Brazilian Federal District
The Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...
and the municipalities.
Brazil is a federal
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
presidential
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
constitutional republic
Constitutional republic
A constitutional republic is a state in which the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the government's power over all of its citizens...
, based on representative democracy
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
. The federal government has three independent branches
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
: executive, legislative, and judicial. Executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
is exercised by the executive branch, headed by the President
President of Brazil
The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces...
, advised by a Cabinet
Cabinet of Brazil
The Cabinet of Brazil is composed of the Ministers of State and senior advisors of the executive branch of the federal government of Brazil. Cabinet officers are appointed and dismissed by the President. There are currently twenty-four Ministries of State and fourteen other cabinet-level...
. The President is both the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. Legislative power is vested upon the National Congress
National Congress of Brazil
The National Congress of Brazil is the legislative body of Brazil's federal government.Unlike regional legislative bodies – Legislative Assemblies and City Councils -, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies .The Senate represents the 26 states and...
, a two-chamber legislature comprising the Federal Senate
Senate of Brazil
The Federal Senate of Brazil is the upper house of the National Congress of Brazil. Created by the first Constitution of the Brazilian Empire in 1824, it was inspired by the United Kingdom's House of Lords, but with the Proclamation of the Republic in 1889 it became closer to the United States...
and the Chamber of Deputies
Chamber of Deputies of Brazil
The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...
. Judicial power is exercised by the judiciary, consisting of the Supreme Federal Court, the Superior Court of Justice
Superior Court of Justice (Brazil)
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases...
and other Superior Courts
Federal courts of Brazil
The federal court system of Brazil has all its organs and competences listed and defined in the Brazilian 1988 Constitution. The National Justice Council is an exclusively administrative organ of the federal court system.-Courts:*Supreme Federal Court...
, the National Justice Council
National Justice Council
The National Justice Council is an organ of the Brazilian Judicial System created in 2004 by a Constitutional Amendment, as a part of the Judicial Reform. The 15-member Council was established in 2004 by the 45th Amendment to the Constitution of Brazil...
and the regional federal courts
Regional Federal Courts
The Regional Federal Courts are Brazilian appellate courts of the Brazil federal court system. There currently are five of these courts, geographically defined. They are commonly called TRFs....
.
The Federal Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states, to citizens, and to all people within Brazil.
The seat of the federal government is located in Brasília
Brasília
Brasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...
. This has led to "Brasília" commonly being used as a metonym for the federal government of Brazil.
Executive branch
|PresidentPresident of Brazil
The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces...
|Dilma Rousseff
Dilma Rousseff
Dilma Vana Rousseff is the 36th and current President of Brazil. She is the first woman to hold the office. Prior to that, in 2005, she was also the first woman to become Chief of Staff of Brazil, appointed by then President Luiz Inácio Lula da Silva....
|Worker's Party
|1 January 2011
|-
|Vice President
Vice-President of Brazil
The Vice President of Brazil is the second-highest ranking government official in the executive branch of the Government of Brazil after the President...
|Michel Temer
Michel Temer
Michel Miguel Elias Temer Lulia , better known as Michel Temer, is a Brazilian lawyer and politician, and currently the Vice-President of Brazil after winning on the ticket of Workers' Party candidate Dilma Rousseff...
|Democratic Movement Party
|1 January 2011
|}
Legislative branch
The bicameral National CongressNational Congress of Brazil
The National Congress of Brazil is the legislative body of Brazil's federal government.Unlike regional legislative bodies – Legislative Assemblies and City Councils -, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies .The Senate represents the 26 states and...
(Congresso Nacional) consists of
- the Federal Senate (Senado Federal), which has 81 seats — three members from each state and the Federal DistrictBrazilian Federal DistrictThe Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...
, elected according to the principle of majorityMajority ruleMajority rule is a decision rule that selects alternatives which have a majority, that is, more than half the votes. It is the binary decision rule used most often in influential decision-making bodies, including the legislatures of democratic nations...
to serve eight-year terms. One-third are elected after a four year period, and two-thirds are elected after the next four-year period; and - the Chamber of DeputiesChamber of Deputies of BrazilThe Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...
(Câmara dos Deputados), which has 513 seats. Federal deputies are elected by proportional representationProportional representationProportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
to serve four-year terms.
There are no limits on the number of terms one may serve for either chamber. The seats are allotted proportionally to each state's population, but each state is eligible for a minimum of eight seats and a maximum of 70 seats. The result is a system weighted in favor of smaller states that are part of the Brazilian union.
15 political parties are represented in Congress
National Congress of Brazil
The National Congress of Brazil is the legislative body of Brazil's federal government.Unlike regional legislative bodies – Legislative Assemblies and City Councils -, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies .The Senate represents the 26 states and...
.
Since it is common for politicians to switch parties, the proportion of congressional seats held by particular parties changes regularly. To avoid that, the Supreme Federal Court ruled in 2007 that the term belongs to the parties, and not to the representatives.
Judicial branch
Brazilian courts function under civil lawCivil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
adversarial system
Adversarial system
The adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...
. The Judicial branch is organized in states' and federal systems with different jurisdictions.
The judges of the courts of first instance take office after public competitive examination. The second instance judges are promoted among the first instance judges. The Justices of the superior courts are appointed by the president for life and approved by the Senate. All the judges and justices must be graduated in law. Brazilian judges must retire at the age of 70.
Federal judicial branch
The national territory is divided into five Regions, which are composed of two or more states. Each region is divided in Judiciary Sections (Seções Judiciárias in Portuguese), coterminous with the territory of each state, and subdivided in Judiciary Subsections (Subseções Judiciárias), each with a territory that may not correspond to the states' comarcas.The Judiciary Subsections have federal courts of first instance and each Region has a Federal Regional Tribunal (Tribunal Regional Federal) as a court of second instance.
There are special federal court systems for labor litigations, called Labor Justice (Justiça do Trabalho), for electoral matters, called Electoral Justice (Justiça Eleitoral), and for martial criminal cases, called Military Justice (Justiça Militar), each of them with its own courts.
Superior Courts
There are two national superior courts that grant writs of certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
in civil and criminal cases: the Superior Justice Tribunal (Superior Tribunal de Justiça, STJ) and the federal supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, called the Supreme Federal Tribunal
Supreme Federal Tribunal
The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed...
.
The STJ grants a Special Appeal (Recurso Especial) when a judgement of a court of second instance offends a federal statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
disposition or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts for labor law, electoral law and military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
.
The STF grants Extraordinary Appeals (Recurso Extraordinário) when judgements of second instance courts violate the constitution. The STF is the last instance for the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
and for reviews of judgments from the STJ.
The superior courts do not analyze any factual questions in their judgments, but only the application of the law and the constitution. Facts and evidences are judged by the courts of second instance, except in specific cases such as writs of habeas corpus.