Federal Courts Of Brazil
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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 *Superior courts: ** Superior Court of Justice **Superior Labor Court **Superior Electoral Court ** Superior Military Court *Second instance Courts ** Regional Labor Courts, **Regional Electoral Courts, ** Regional Federal Courts, *First instance courts: ** Labor Courts ** Electoral Courts ** Federal Courts **Military Courts See also * Judiciary of Brazil The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions. Brazil's 1988 constitution has adopted a tripartite separation of powers, with a Legislative power ... Judiciary of Brazil {{brazil-law-stub ...
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National Justice Council
The National Justice Council ( pt, Conselho Nacional de Justiça ) is an organ of the Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...ian 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. Among its responsibilities are ensuring that the judicial system remains autonomous, conducting disciplinary proceedings against members of the Judiciary, and compiling and publishing statistics on the Brazilian court system. The President of the Council is the President of the Supreme Federal Court. References External links *Official website Judiciary of Brazil {{Brazil-law-stub ...
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Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) 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 cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice. History The court was inaugurated during the colonial era 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 (). 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 () in 1829. With the first Constitution of the Republic, the current Court was established. Although the constitutional norms that regulated th ...
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Superior Court Of Justice (Brazil)
The Superior Court of Justice ( pt, Superior Tribunal de Justiça, also known as ''STJ'', ) is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases. Its competence is described in Article 105 of the Brazilian Constitution of 1988. A Special Appeal (in Portuguese, ''Recurso Especial'') can be made to this court when a judgement of a court of second instance offends a federal statutory provision or when second instance courts have issued different interpretations of the same federal statute. By rule, the STJ decides only questions of law, not any questions of fact and the probatory elements on the case, about which the Second Instance Courts give the last word. As in other superior courts in Brazil, STJ's justices are called "ministers" ( pt, ministros), not to be confused with ministers from the executive branch. History Prior to late 1988, Brazil had only the Supreme Federal Court The ...
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Superior Labor Court
The Superior Labor Court or ''Tribunal Superior do Trabalho'' (TST), in Portuguese, is the highest Brazilian appellate court for labor law issues. Its headquarters are located in Brasilia, near the American Embassy. It is one of the five high courts in Brazil. It is the highest instance in the Brazilian federalized labor courts system, which includes the Regional Labor Courts (''Tribunais Regionais do Trabalho - TRT's''), at common appeal level, and the Trial Labor Courts (''Varas do Trabalho'') in the first instance level. History The origin of the court was the National Labor Council, created in 1923, which was a part of the Federal Executive Branch, subordinated to the Ministry of Agriculture, Industry and Commerce. In 1946 the Council was transformed into the ''Tribunal Superior do Trabalho''. The Brazilian Constitution adopted in that same year recognized the TST as part of the Judiciary Branch, no longer subordinated to the Executive Branch. That basic situation was kep ...
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Superior Electoral Court
The Superior Electoral Court ( pt-BR, Tribunal Superior Eleitoral, TSE) is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court ( pt-BR, Tribunal Regional Eleitoral, TRE) in each of the 26 states and the Federal District of the country, as determined by the Article 118 of the Constitution of Brazil. Background and legal provisions The Brazilian Electoral Code of 1932 established the Electoral Justice in Brazil, replacing the political system conducted by the Legislative branch over the electoral proceedings. The new judicial system transferred control over such proceedings to the Judiciary. In the present, duties of the Electoral Justice are regulated by a posterior Electoral Code, approved in 1965 (Law No. 4.737/65),MARTINS, Flavia Bahia. Direito constitucional. 2ª Ed. Niterói: Impetus, 2011. which revoked the 1932 code, but kept the judicial control over the electoral proceedings. The Superior Electoral Court is the highest ju ...
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Superior Military Court
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions. Brazil's 1988 constitution has adopted a tripartite separation of powers, with a Legislative power, an Executive power, and a Judiciary power. Aside from those, the country also has the Public Ministry which acts autonomously and has in the past been referred to as the country's fourth branch. In terms of jurisdiction, the main division is between Common Justice ( pt, Justiça Comum) and Specialized Justice ( pt, Justiça Especializada). Common Justice, composed of Federal and State Justices (and the Federal District's own Justice), handles most civil and criminal cases. Specialized Justice, composed of Electoral, Military and Labor Justices, handles more specialized cases which also have their own specific procedures. The Constitution divided the Judiciary in nine organizations: the Supreme Federal Court ( pt, Supremo Tribunal Feder ...
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Regional Labor Courts
Regional Labor Courts ( pt, Tribunais Regionais do Trabalho) are Brazilian appellate courts of the Federal specialized court system for matters of labor law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee .... There currently are 24 Regional Labor Courts, geographically defined by numbered Regions. References {{Reflist Labor in Brazil Judiciary of Brazil Labour courts Brazilian labour law Brazil politics-related lists ...
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Regional Electoral Courts
Regional Electoral Court ({{Lang-pt, Tribunal Regional Eleitoral) is a level of the electoral court system in Brazil. The regional courts are in charge of elections at the state level. Responsibilities The functioning of the regional electoral courts is governed by the law 4.737 of 1965. Each court consists of judges that are publicly elected or nominated by part of the judiciary, according to rules set independently by each regional court. According to the Brazilian legislation, the regional courts are responsible for the control and inspection of the whole electoral process in their jurisdiction, from the registration of each regional branch of the political parties to the production of reports and electoral maps during the counting of the votes. The regional courts are responsible for the registration of voters, for the constitution of electoral districts and for reporting the results. The regional courts must also settle disputes regarding the elections and judge appeals to ...
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Regional Federal Courts
The Regional Federal Courts (in Portuguese, ''Tribunais Regionais Federais'', commonly called TRFs) are the courts of appeal of . They represent the second instance courts of the Brazilian Federal Justice system and are responsible not only for appeal processes against trial court decisions, but also for writs of security, Habeas corpus, and Habeas data against acts by federal judges, motions to set aside judgments, criminal revisions, and conflicts of jurisdiction. The jurisdiction of the Federal Regional Courts is defined in Article 108 of the Brazilian Constitution. The Federal Regional Courts have a varied composition, with the number of judges defined by law, where one fifth are chosen by lawyers with 10 years experience or more, as well as by members of the Public Prosecutor’s Office with 10 years experience or more. The rest of the judges are appointed through the promotion of federal judges with over five years experience, by longest service time and by merit, alterna ...
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Brazil Labor Courts
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area and the seventh most populous. Its capital is Brasília, and its most populous city is São Paulo. The federation is composed of the union of the 26 states and the Federal District. It is the largest country to have Portuguese as an official language and the only one in the Americas; one of the most multicultural and ethnically diverse nations, due to over a century of mass immigration from around the world; and the most populous Roman Catholic-majority country. Bounded by the Atlantic Ocean on the east, Brazil has a coastline of . It borders all other countries and territories in South America except Ecuador and Chile and covers roughly half of the continent's land area. Its Amazon basin includes a vast tropical forest, home to diver ...
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