The Superior Labor Court (, TST), is the highest Brazilian appellate court for
labor law
Labour laws (also spelled as labor laws), labour code 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 be ...
issues. Its headquarters are located in
Brasília
Brasília ( ; ) is the capital city, capital of Brazil and Federal District (Brazil), Federal District. Located in the Brazilian highlands in the country's Central-West Region, Brazil, Central-West region, it was founded by President Juscelino ...
, near the
American Embassy.
It is one of the five high courts in Brazil, 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.
History
The origin of the court was the National Labor Council, created in 1923, which was a part of the executive branch, subordinated to the Ministry of Agriculture, Industry and Commerce.
On 18 September 1946, the council was transformed into the ''Tribunal Superior do Trabalho''. The
Brazilian Constitution adopted that year recognized the TST as part of the judiciary branch, no longer subordinated to the executive. That status was retained by all subsequent constitutions.
Since its origins, the court was integrated by both effective Ministers and temporary class Ministers. The effective Ministers (nicknamed "togados" after the distinctive
robes - "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"), 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
A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
in 1999, leaving 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 (), officially the president of the Federative Republic of Brazil () or simply the ''President of the Republic'', is the head of state and head of government of Brazil. The president leads the executive branch of the ...
. The nomination only occurs after the approval of the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. 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 (, OAB) is the Brazilian Bar Association. Founded in 1930, it is responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília, Federal District. The OAB has 1,0 ...
(the official Bar association), three for members of the
Public Ministry, and the remaining 21 for career judges of the Regional Labor Courts.
In relation to other courts
See also
*
Brazil federal courts
References
External links
Official website(Portuguese)
{{Authority control
Brazilian labour law
Judiciary of Brazil
Labour courts
1946 establishments in Brazil
Courts and tribunals established in 1946