Superior Labor Court
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The Superior Labor Court or ''Tribunal Superior do Trabalho'' (TST), in Portuguese, is the highest Brazilian appellate court for
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, ...
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 The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...
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 kept by all subsequent Constitutions. Since its origins, that Court was integrated by both effective Ministers and temporary class Ministers. The effective Ministers (nicknamed "togados" after the distinctive
robes A robe is a loose-fitting outer garment. Unlike garments described as capes or cloaks, robes usually have sleeves. The English word ''robe'' derives from Middle English ''robe'' ("garment"), borrowed from Old French ''robe'' ("booty, spoil ...
- "togas" - which they wear) were considered
Magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
for all legal prerogatives, while the Temporary Classist Ministers ("classistas"), which were paritary representatives of both employers and employees ("classes"), were appointed for a fixed term (usually three years) and had fewer powers and prerogatives. The Classist Ministers were abolished by a constitutional amendment in 1999, subsisting only the effective Ministers.


Composition

By the actual legislation,Art. 111-A of th
Brazilian Constitution of 1988, with the text of the 45th amendment, of 2004
(portuguese)
the Court is integrated by 27 members, entitled Ministers (''Ministros''), pointed by the
President of Brazil The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head o ...
. The nomination only occurs after the approval of the Senate. All the nominated members must be at least 35 and no more than 65 years old, must have Brazilian nationality and moral integrity, plus all the requirements to enter in a public service career (e.g. having fulfilled military conscription and electoral duties). There are three positions reserved for lawyers, indicated by the
Order of Attorneys of Brazil The Order of Attorneys of Brazil (National Bar Association of Brazil) (Portuguese: ''Ordem dos Advogados do Brasil'') is the Brazilian Bar Association, founded in 1930. It is an organization of lawyers and responsible for the regulation of the le ...
(the official Bar association), three for members of the Public Ministry, and the remaining 21 for career judges of the Regional Labor Courts.


See also

* Brazil federal courts


References


External links


Official website
(Portuguese) {{Coord, 15, 48, 41, S, 47, 52, 05, W, source:kolossus-ptwiki, display=title Brazilian labour law Judiciary of Brazil Labour courts 1946 establishments in Brazil Courts and tribunals established in 1946