Judiciary of Brazil
Encyclopedia
The Judiciary of Brazil is the Judiciary
branch of the Brazilian government. The structure and the division of jurisdiction of the ramifications of the Brazilian Judiciary is defined in the Brazilian Constitution.
The specialized courts are kept entirely by the Federal Government and are divided in three ramifications: the Military courts, the Labor courts and the Electoral courts.
The ordinary courts are divided between the Federal and the State's judiciaries. The Judiciary of the Brazilian Federal District
has the same Subject-matter jurisdiction of the ordinary state level judiciary over that special territory, but is kept and organized by the Federal Government.
Municipalities hold no judicial powers.
The system is still composed by two special central Courts that do not fit any of the mentioned ramifications of the Judiciary: The Supreme Federal Court and the Superior Court of Justice
. Both have headquarters in Brasília
.
The most common tool of that Court is the Extraordinary Appeal (Recurso Extraordinário), granted when judgements of second instance courts violate the Constitution.
The Supreme court also holds the power to analyze the constitutionality
of a federal or state law or statute, and thus making it invalid, through the Direct Action of Unconstitutionality (Ação Declaratória de Inconstitucionalidade).
Other original jurisdiction
includes the decision over extradition
.
(Conselho Nacional de Justiça). Created in 2004 by the 45th Constitutional Amendment
, with headquarters in Brasília
, and national range actuation, have the objective to exercise administrative control over the Judiciary (except the Supreme Federal Court), planning and coordinating joint actions between the courts. It also have some disciplinary powers over judges, but cannot remove them from office, which can only be performed by their own Courts or by final decision on a judicial procedure.
(Superior Tribunal de Justiça) is the Brazilian highest court in non-constitutional issues concerning both states and Federal ordinary courts. It grants the 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. Other roles include deciding over most jurisdiction conflicts and granting the exequatur
to foreign judicial decisions.
of the Brazilian Armed Forces. It is headed by the Superior Military Court (Superior Tribunal Militar). The courts are integrated by both civilian and military members.
and the Correios
.
There are first instance courts (varas do trabalho) in major cities, that deals with laborers individual complains, administrative matters concerning labour law and all issues that are not attributed to higher courts.
The second instace courts are the Regional Labor Courts
(Tribunais Regionais do Trabalho), that deals with the appeals. They also have direct jurisdiction over some matters concerning collective labour law, including solution of conflicts between trade unions and employers and the right to strike
.
The system is headed by the Superior Labor Court
, that functions as the highest appeal Court of non-constutitional issues concerning Labor law.
The existence of that court system is predicted in the Constitution, but the structure and roles defined in the Brazilian Electoral Code of 1964. Its typical judicial roles include judging electoral matters, both administrative and criminal, and also issues concerning political rights (not "political crimes" or "responsibility crimes").
But the peculiarity of that system is some extra judiciary roles. It includes organizing, executing and controlling all official political elections, and the proclamation of its result.
The system headed by the Superior Electoral Court
, which controls the system, and has special responsibilities in defining rules and interpretations for the electoral procedure, and also judging appeals from Regional Courts. Its headquarters are located in Brasília.
Each state has a Regional Electoral Court, based in the capital city. It has special responsibilities over state level elections.
At local level there are the electoral judges and electoral councils. The electoral judges are appointed among state judges and, apart from some individual roles, presides the local electoral council, which is composed by other four appointed citizens.
The Electoral courts have no magistrate career of its own. All judges are designated to serve for a two years term, and can be from magistrate careers from ordinary courts systems, or, in the case of Regional and Superior courts,
for most cases. In larges judicial districts, with two or more trial courts, there usually are specializations of the courts of first instance in terms of the subject, such as crime
and family litigation. Judgments from the trial courts can be the subject of judicial review
following appeals to the Courts of Justice.
Each court of first instance has a judge and may have a substitute judge. The judge decides alone in civil cases and most of the criminals cases with the exception of the Jury
's jurisdiction over willful crimes against life (manslaughter
, infanticide
, abortion
and suicide instigation or auxiliation).
and Minas Gerais
, used to have parallel Court of Appeals
(Tribunal de Alçada) with different jurisdiction. But the 45th Constitutional Amendment
to the Brazilian Constitution, in its article four, decreed their extinction in order to simplify the second instance structure.
Second instance judgments are usually made by three judge
s, called desembargadores. Large courts are usually divided into civil chambers, which judge civil cases, and criminal chambers.
Other roles of Courts of Justice include the control over constitutionality of statutes passed by municipalities and the organization of the notary
and civil registration services.
Some states also have installed separate Military Courts of Justice, that deals with military crimes and disciplinary matters of the state Military Police and Military Firefighters Corps
.
As in the states, there are first instance trial courts (varas federais), located in major cities, with jurisdiction divided in judicial districts (seções and subseções).
The second instance courts, Regional Federal Courts (Tribunais Regionais Federais), actually in number of 5, have jurisdiction over circuits of the several states.
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
branch of the Brazilian government. The structure and the division of jurisdiction of the ramifications of the Brazilian Judiciary is defined in the Brazilian Constitution.
The Courts system overview
The system is divided primarily in the ordinary courts (Justiça comum) and the specialized courts (Justiça especializada).The specialized courts are kept entirely by the Federal Government and are divided in three ramifications: the Military courts, the Labor courts and the Electoral courts.
The ordinary courts are divided between the Federal and the State's judiciaries. The Judiciary of the Brazilian 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...
has the same Subject-matter jurisdiction of the ordinary state level judiciary over that special territory, but is kept and organized by the Federal Government.
Municipalities hold no judicial powers.
The system is still composed by two special central Courts that do not fit any of the mentioned ramifications of the Judiciary: The Supreme Federal Court and 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...
. Both have headquarters 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...
.
Supreme Federal Court
The Supreme Federal Court (Supremo Tribunal Federal) is the highest Brazilian Judiciary. Its main responsibility is to serve as the ultimate guardian of Brazilian Constitution, with the roles of a constitutional court.The most common tool of that Court is the Extraordinary Appeal (Recurso Extraordinário), granted when judgements of second instance courts violate the Constitution.
The Supreme court also holds the power to analyze the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of a federal or state law or statute, and thus making it invalid, through the Direct Action of Unconstitutionality (Ação Declaratória de Inconstitucionalidade).
Other original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
includes the decision over extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
.
National Justice Council
Together with the Supreme Federal Court functions the National Justice CouncilNational 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...
(Conselho Nacional de Justiça). Created in 2004 by the 45th Constitutional Amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
, with headquarters 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...
, and national range actuation, have the objective to exercise administrative control over the Judiciary (except the Supreme Federal Court), planning and coordinating joint actions between the courts. It also have some disciplinary powers over judges, but cannot remove them from office, which can only be performed by their own Courts or by final decision on a judicial procedure.
Superior Court of Justice
The Superior Court of JusticeSuperior Court of Justice
Superior Court of Justice may refer to:* Superior Court of Justice * Superior court of justice * Ontario Superior Court of Justice* Superior Courts of Justice of Peru* Supreme Court of Justice of the Nation...
(Superior Tribunal de Justiça) is the Brazilian highest court in non-constitutional issues concerning both states and Federal ordinary courts. It grants the 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. Other roles include deciding over most jurisdiction conflicts and granting the exequatur
Exequatur
An exequatur is a legal document issued by a sovereign authority allowing a right to be enforced in the authority's domain of competence. The word is a form of the Latin verb exequi, and means let it be executed in Latin.-International relations:...
to foreign judicial decisions.
Military courts
They are the courts-martialCourt-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
of the Brazilian Armed Forces. It is headed by the Superior Military Court (Superior Tribunal Militar). The courts are integrated by both civilian and military members.
Labor courts
They have jurisdiction over labor law issues, including collective. It has no jurisdiction over civil servants, except some at municipal level and employees of government entreprises that holds private nature, such as PetrobrasPetrobras
Petróleo Brasileiro or Petrobras is a semi-public Brazilian multinational energy corporation headquartered in Rio de Janeiro, Brazil. It is the largest company in Latin America by market capitalization and revenue, and the largest company headquartered in the Southern Hemisphere by market...
and the Correios
Correios
Empresa Brasileira de Correios e Telégrafos , also known as Correios, is one of the largest state-owned companies in latin america and is responsible for the national postal service of Brazil, with a high level of reliability in Brazil...
.
There are first instance courts (varas do trabalho) in major cities, that deals with laborers individual complains, administrative matters concerning labour law and all issues that are not attributed to higher courts.
The second instace courts are the Regional Labor Courts
Regional Labor Courts
Regional Labor Courts are Brazilian appellate courts of the Federal specialized court system for matters of labor law. There currently are 24 Regional Labor Courts, geographically defined by numbered Regions....
(Tribunais Regionais do Trabalho), that deals with the appeals. They also have direct jurisdiction over some matters concerning collective labour law, including solution of conflicts between trade unions and employers and the right to strike
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
.
The system is headed by the Superior Labor Court
Superior Labor Court
The Superior Labor Court or Tribunal Superior do Trabalho , in Portuguese, is the highest Brazilian appellate court for Labor law issues...
, that functions as the highest appeal Court of non-constutitional issues concerning Labor law.
Electoral courts
The Electoral court system of Brazil was created in 1932, in the intention to moralize the Brazilian electoral system. It was dissolved in 1937 and reinstalled in 1945, and since then has been in continuous operation.The existence of that court system is predicted in the Constitution, but the structure and roles defined in the Brazilian Electoral Code of 1964. Its typical judicial roles include judging electoral matters, both administrative and criminal, and also issues concerning political rights (not "political crimes" or "responsibility crimes").
But the peculiarity of that system is some extra judiciary roles. It includes organizing, executing and controlling all official political elections, and the proclamation of its result.
The system headed by the Superior Electoral Court
Supreme Electoral Court (Brazil)
The Supreme Electoral Court is the highest body of the Brazilian Electoral Court. There are also Regional Electoral Courts and Electoral Registry offices spread throughout Brazil....
, which controls the system, and has special responsibilities in defining rules and interpretations for the electoral procedure, and also judging appeals from Regional Courts. Its headquarters are located in Brasília.
Each state has a Regional Electoral Court, based in the capital city. It has special responsibilities over state level elections.
At local level there are the electoral judges and electoral councils. The electoral judges are appointed among state judges and, apart from some individual roles, presides the local electoral council, which is composed by other four appointed citizens.
The Electoral courts have no magistrate career of its own. All judges are designated to serve for a two years term, and can be from magistrate careers from ordinary courts systems, or, in the case of Regional and Superior courts,
Trial courts
Each state territory is divided into judicial districts (comarcas), which are composed of one or more municipalities. Each judicial district has at least one trial court (vara), that function as a court of first instanceCourt of first instance
A court of first instance is a trial court of original or primary jurisdiction.Specific courts called the Court of First Instance include:* European Court of First Instance, of the European Union* Court of First Instance...
for most cases. In larges judicial districts, with two or more trial courts, there usually are specializations of the courts of first instance in terms of the subject, such as crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
and family litigation. Judgments from the trial courts can be the subject of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
following appeals to the Courts of Justice.
Each court of first instance has a judge and may have a substitute judge. The judge decides alone in civil cases and most of the criminals cases with the exception of the Jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
's jurisdiction over willful crimes against life (manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
, abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
and suicide instigation or auxiliation).
Courts of Justice
The highest court of a state judicial system is its court of second instance, the Courts of Justice. Each Brazilian State has only one Court of Justice (Tribunal de Justiça in Portuguese). They are courts of appeal, meaning they can review any decisions taken by the trial courts, and have the final word on decisions at state law level. Some states, as São PauloSão Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
and Minas Gerais
Minas Gerais
Minas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...
, used to have parallel Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
(Tribunal de Alçada) with different jurisdiction. But the 45th Constitutional Amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Brazilian Constitution, in its article four, decreed their extinction in order to simplify the second instance structure.
Second instance judgments are usually made by three judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, called desembargadores. Large courts are usually divided into civil chambers, which judge civil cases, and criminal chambers.
Other roles of Courts of Justice include the control over constitutionality of statutes passed by municipalities and the organization of the notary
Civil law notary
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State...
and civil registration services.
Some states also have installed separate Military Courts of Justice, that deals with military crimes and disciplinary matters of the state Military Police and Military Firefighters Corps
Military Firefighters Corps
In Brazil, the Military Firefighters Corps is a military organization with the mission of civil defense, firefighting, and search and rescue inside the States of the Federation. Since 1915, it has been a Military reserve force and an auxiliary force of the Brazilian Army. The Military Firefighter...
.
Federal courts
The jurisdiction of the Federal courts system is defines in articles 108 and 109 of the Brazilian Constitution, including:- Causes where the Federal government, its agencies or enterprises have interest, with the exception of bankruptcy, industrial injuryIndustrial injuryAn occupational injury is bodily damage resulting from working.In the United States in 2007, 5,488 workers died from job injuries, 92% of which were men, and 49,000 died from work-related injuries. NIOSH estimates that 4 million workers in the U.S...
, which are in state jurisdiction, and also respecting the specific jurisdiction of the labour and electoral courts, which prevails over federal ordinary courts jurisdiction; - Causes involving foreign governments or recognized international public organization;
- Political crimes;
- Crimes against the labour organization, including SlaverySlaverySlavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
(as decided in 2006 by the STF); - Crimes committed aboard shipShipSince the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
s or aircraftAircraftAn aircraft is a vehicle that is able to fly by gaining support from the air, or, in general, the atmosphere of a planet. An aircraft counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines.Although...
; - ForeignersAlien (law)In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
and nationality rights; - Indigenous peoplesIndigenous peoplesIndigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
rights.
As in the states, there are first instance trial courts (varas federais), located in major cities, with jurisdiction divided in judicial districts (seções and subseções).
The second instance courts, Regional Federal Courts (Tribunais Regionais Federais), actually in number of 5, have jurisdiction over circuits of the several states.
External links
- Supremo Tribunal Federal (English version)
- Conselho Nacional de Justiça (in Portuguese)
- Superior Tribunal de Justiça (in Portuguese)