Supreme Federal Tribunal
Encyclopedia
The Supreme Federal Court is the supreme court
(court of last resort) 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. On questions involving exclusively lower legislation, the highest court is, by rule, the Superior Court of Justice
.
Alongside its appeal competence, mostly by the Extraordinary Appeal (Recurso Extraordinário), the Court has a small range of cases of original jurisdiction
, including the power of judicial review
, judging the constitutionality
of laws passed by the National Congress
, through a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade, or ADIn).
The judge
s of the court are called Ministers (Ministro), although having no similarity with the government body of minister
s. They are appointed by the President
and approved by the Senate. There is a mandatory retirement age of 70.
All judicial and administrative meetings of the Supreme Court have been broadcast live on television
since 2002. The Court is open for the public to watch the meetings.
In May 2009 The Economist
called the Supreme Federal Court "the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution (...) till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year."
in 1808, the year that the royal family
of Portugal
(the House of Braganza
) arrived in Rio de Janeiro
. It was originally called the House of Appeals of Brazil (Casa de Suplicação do Brasil).
The proclamation of the Brazilian Declaration of Independence
and the adoption of the Imperial Constitution
in 1824 preceded the establishment of the Supreme Court of Justice (Supremo Tribunal de Justiça) in 1829. With the first Constitution of the Republic
, the current Court was established.
Although the constitutional norms that regulated the creation of the Court allowed Deodoro da Fonseca
, Brazil's first president, to nominate an entirely new Court, the president chose to nominate as the first members of the Supreme Federal Court the ministers who were then serving as members of the predecessor imperial Court.
Two hundred members have served on the Court. The Constitution of 1891
decided that the Court would have 15 members. When Getúlio Vargas
came into power, the number of members was reduced to 11. The number was changed to 16 in 1965, but returned to 11 in 1969 and has not changed since. Of all Presidents of Brazil, only one (Café Filho) never nominated a minister.
. Re-election for a consecutive term is not allowed. By tradition, the members of the Court always elect as president the most senior minister of the Court that has not yet served as President, to avoid politicization
of the Court.
If all members currently sitting on the Court have already served as president, the rotation starts all over again; however, due to the existence of a compulsory retirement age, and the consequent appointment of new ministers to fill those vacancies, it is very rare for the cycle to be completed and re-started, and some ministers are forced to retire before their turn in the presidency arrives.
According to the same convention, the Court selects as vice-president for a certain term the minister who, according to that tradition, will be selected president in the succeeding term. Also by tradition, the elections of the president and vice-president are never unanimous, there being always one isolated minority vote in each election, as the ministers who are to be elected never cast their votes for themselves; such votes are cast either for the Dean of the Court – its most senior member – or for some other elder minister that the one to be elected admires and wants to pay homage to.
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...
(court of last resort) of Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, 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. On questions involving exclusively lower legislation, the highest court is, by rule, 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...
.
Alongside its appeal competence, mostly by the Extraordinary Appeal (Recurso Extraordinário), the Court has a small range of cases of 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:...
, including the power 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...
, judging 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 laws passed by 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...
, through a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade, or ADIn).
The 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 of the court are called Ministers (Ministro), although having no similarity with the government body of minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
s. They are appointed 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...
and approved by the Senate. There is a mandatory retirement age of 70.
All judicial and administrative meetings of the Supreme Court have been broadcast live on television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
since 2002. The Court is open for the public to watch the meetings.
In May 2009 The Economist
The Economist
The Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
called the Supreme Federal Court "the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution (...) till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year."
History
The court was inaugurated during the colonial eraColonial Brazil
In the history of Brazil, Colonial Brazil, officially the Viceroyalty of Brazil comprises the period from 1500, with the arrival of the Portuguese, until 1815, when Brazil was elevated to kingdom alongside Portugal as the United Kingdom of Portugal, Brazil and the Algarves.During the over 300 years...
in 1808, the year that the royal family
Royal family
A royal family is the extended family of a king or queen regnant. The term imperial family appropriately describes the extended family of an emperor or empress, while the terms "ducal family", "grand ducal family" or "princely family" are more appropriate to describe the relatives of a reigning...
of Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
(the House of Braganza
House of Braganza
The Most Serene House of Braganza , an important Portuguese noble family, ruled the Kingdom of Portugal and its colonial Empire, from 1640 to 1910...
) arrived in Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...
. It was originally called the House of Appeals of Brazil (Casa de Suplicação do Brasil).
The proclamation of the Brazilian Declaration of Independence
Brazilian Declaration of Independence
The Brazilian Independence comprised a series of political events occurred in 1821–1823, most of which involved disputes between Brazil and Portugal regarding the call for independence presented by the Brazilian Kingdom...
and the adoption of the Imperial 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...
in 1824 preceded the establishment of the Supreme Court of Justice (Supremo Tribunal de Justiça) in 1829. With the first Constitution of the Republic
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...
, the current Court was established.
Although the constitutional norms that regulated the creation of the Court allowed Deodoro da Fonseca
Deodoro da Fonseca
Marshal Manuel Deodoro da Fonseca became the first president of the Republic of Brazil after heading a military coup that deposed Emperor Pedro II and proclaimed the Republic in 1889, disestablishing the Empire of Brazil.- Biography :...
, Brazil's first president, to nominate an entirely new Court, the president chose to nominate as the first members of the Supreme Federal Court the ministers who were then serving as members of the predecessor imperial Court.
Two hundred members have served on the Court. The Constitution of 1891
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...
decided that the Court would have 15 members. When Getúlio Vargas
Getúlio Vargas
Getúlio Dornelles Vargas served as President of Brazil, first as dictator, from 1930 to 1945, and in a democratically elected term from 1951 until his suicide in 1954. Vargas led Brazil for 18 years, the most for any President, and second in Brazilian history to Emperor Pedro II...
came into power, the number of members was reduced to 11. The number was changed to 16 in 1965, but returned to 11 in 1969 and has not changed since. Of all Presidents of Brazil, only one (Café Filho) never nominated a minister.
Chief Justice
The President and Vice-president of the Court are elected by their peers for a term of two years by secret ballotSecret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
. Re-election for a consecutive term is not allowed. By tradition, the members of the Court always elect as president the most senior minister of the Court that has not yet served as President, to avoid politicization
Politicized issue
A politicized issue or hot-button issue is a social, economic, theological, spiritual, scientific or legal issue which has become a political issue, as a result of deliberate action or otherwise, whereby people become politically active over that issue....
of the Court.
If all members currently sitting on the Court have already served as president, the rotation starts all over again; however, due to the existence of a compulsory retirement age, and the consequent appointment of new ministers to fill those vacancies, it is very rare for the cycle to be completed and re-started, and some ministers are forced to retire before their turn in the presidency arrives.
According to the same convention, the Court selects as vice-president for a certain term the minister who, according to that tradition, will be selected president in the succeeding term. Also by tradition, the elections of the president and vice-president are never unanimous, there being always one isolated minority vote in each election, as the ministers who are to be elected never cast their votes for themselves; such votes are cast either for the Dean of the Court – its most senior member – or for some other elder minister that the one to be elected admires and wants to pay homage to.
Current members
| Name | Birth | Appointed by | First day | Mandatory retirement |
|---|---|---|---|---|
| (President of the Court) |
(age ) in Bragança Paulista Bragança Paulista Bragança Paulista is a municipality in the state of São Paulo in Brazil. The population in 2005 is 139.740 and the area is 489 km². The elevation is 817 m.... , São Paulo São 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... |
(serving for ) |
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| |
(age ) in Tatuí Tatuí Tatuí is a city located on São Paulo state, Brazil. Known as "Music City", the city has the largest music school in Latin America. Its name comes from Tupi language and means "Armadillos River". Population: 109.017 . Area: 525.4 km². Weather: dry... , São Paulo São 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... |
(serving for ) |
||
| Marco Aurélio Mello Marco Aurélio Mello Marco Aurélio Mello is a Brazilian judge, and member of the family of the former President of Brazil Fernando Collor de Mello.-External links:*... |
(age ) in Rio de Janeiro Rio de Janeiro Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th... |
Fernando Collor de Mello Fernando Collor de Mello Fernando Affonso Collor de Mello was the 32nd president of Brazil from 1990 to 1992, when he resigned in a failed attempt to stop his trial of impeachment by the Brazilian Senate... |
(serving for ) |
|
| |
(age ) in Diamantino Diamantino Diamantino is a small town in Mato Grosso state in Brazil. Its has a population of 18.580, and is near Diamantino river. It is 1837 feet above sea-level, and sits at the foot of the Mato Grosso plateau. Its history dates from 1730 as a gold mining settlement. In 1746, diamonds were discovered,... , Mato Grosso Mato Grosso Mato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest... |
(serving for ) |
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| (Vice-President of the Court) |
(age ) in Propriá Propriá Propriá is a municipality located in the Brazilian state of Sergipe. Its population was 28,822 and its area is 95 km².-Sports:There are two football clubs in Propriá. América and Propriá. América owns José Neto Stadium, which has a maximum capacity of 3,000 people, and Propriá owns Constantino... , Sergipe Sergipe Sergipe , is the smallest state of the Brazilian Federation, located on the northeastern Atlantic coast of the country. It borders on two other states, Bahia to the south and west and Alagoas to the north, and to the east is the Atlantic Ocean... |
(serving for ) |
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| |
(age ) in Paracatu Paracatu Paracatu may refer to:*Paracatu, Minas Gerais, a city and a municipality in Minas Gerais state, Brazil*Paracatu River, a river near the city of Paracatu... , 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... |
(serving for ) |
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| (age ) in Rio de Janeiro Rio de Janeiro Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th... |
(serving for ) |
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| (age ) in Montes Claros Montes Claros Montes Claros is a city located in northern Minas Gerais state, in Brazil. The estimated population in 2010 was 412,284 inhabitants and the total area of the municipality was 3,470 km²... , 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... |
(serving for ) |
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| (age ) in Marília Marília Marília is a Brazilian city and municipality in the midwestern region of the state of São Paulo. Its distance from the state capital is by highway, by railway and in a straight line. It is located at latitude 22º 12'50 "south and longitude 49º 56'45" west, with an altitude of 675 meters... , São Paulo São 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... |
(serving for ) |
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| (age ) in Rio de Janeiro Rio de Janeiro Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th... , Rio de Janeiro Rio de Janeiro (state) Rio de Janeiro is one of the 27 states of Brazil.Rio de Janeiro has the second largest economy of Brazil behind only São Paulo state.The state of Rio de Janeiro is located within the Brazilian geopolitical region classified as the Southeast... |
(serving for ) |
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External links
See also
- Brazil federal courts