
The Federal Supreme Court (, , abbreviated STF) is the
supreme court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
(court of last resort) of
Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, serving primarily as the country's
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
. It is the highest
court of law
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
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 current court was preceded by the House of Appeals of Brazil (Casa de Suplicação do Brasil), which was inaugurated
during the colonial era on 10 May 1808, the year that the Portuguese royal family (the
House of Braganza
The Most Serene House of Braganza (), also known as the Brigantine dynasty (''dinastia Brigantina''), is a dynasty of emperors, kings, princes, and dukes of Portuguese people, Portuguese origin which reigned in Europe and the Americas.
The hous ...
) arrived in Rio de Janeiro after
fleeing to Brazil.
The Brazilian
proclamation of Independence and the adoption of the
Imperial Constitution in 1824 preceded the establishment of the Supreme Court of Justice () in 1829, which served as the
Brazilian Empire
The Empire of Brazil was a 19th-century state that broadly comprised the territories which form modern Brazil and Uruguay until the latter achieved independence in 1828. The empire's government was a representative parliamentary constitutional ...
's supreme court. With the
fall of the monarchy and Brazil's first
Republican Constitution, the current court was established.
Although the constitutional norms that regulated the creation of the court allowed
Deodoro da Fonseca
Manuel Deodoro da Fonseca (; 5 August 1827 – 23 August 1892) was a Brazilian politician and military officer who served as the Head of Provisional Government and the first president of Brazil. He was born in Alagoas in a military family, fo ...
, 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 imperial court that preceded it.
Two hundred members have served on the court. The Constitution of 1891 provided that the court would have 15 members. When
Getúlio Vargas
Getúlio Dornelles Vargas (; ; 19 April 1882 – 24 August 1954) was a Brazilian lawyer and politician who served as the 14th and 17th president of Brazil, from 1930 to 1945 and from 1951 until his suicide in 1954. Due to his long and contr ...
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
Café Filho
João Fernandes Campos Café Filho (; 3 February 1899 – 20 February 1970) was a Brazilian politician who served as the 18th president of Brazil, taking office upon the suicide of President Getúlio Vargas. He was the first Protestant to occup ...
and
Carlos Luz (acting) never nominated a minister.
All judicial and administrative meetings of the STF have been broadcast live on television since 2002. The court is open for the public to watch the meetings.
On 8 January 2023, the building was
attacked by supporters of the former president,
Jair Bolsonaro
Jair Messias Bolsonaro (; born 21 March 1955) is a Brazilian politician and former military officer who served as the 38th president of Brazil from 2019 to 2023. He previously served as a member of Brazil's Chamber of Deputies (Brazil), Chamb ...
.
Functions
Alongside its appeal competence, mostly by the Extraordinary Appeal (), the Court has a small range of cases of
original jurisdiction
In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the S ...
, including the power of
judicial review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
, judging the
constitutionality
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
of laws passed by the
National Congress, through a Direct Action of Unconstitutionality (, or ADI). There are also other mechanisms for reaching the Court directly, such as the Declaratory Action of Constitutionality (, or ADC) and the Direct Action of Unconstitutionality by Omission ( or ADO).
Case law
In May 2009 ''
The Economist
''The Economist'' is a British newspaper published weekly in printed magazine format and daily on Electronic publishing, digital platforms. It publishes stories on topics that include economics, business, geopolitics, technology and culture. M ...
'' called the Federal Supreme 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."
Overruling seems to be frequent in STF jurisprudence: "three years ago when the STF adopted the understanding that defendants who have a conviction upheld by a single appellate court may be sent to jail to begin serving their sentences. (...) The 2016 decision happened largely due to a change in opinion from Minister
Gilmar Mendes (...). He had voted against sending defendants to jail after a single failed appeal in 2009, but changed his mind in 2016. Jump to 2019, and the circumstances – both political and judicial – have changed".
President and Vice President
The President of the STF and its Vice President are elected by their peers for a two-year term by
secret ballot
The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
. The incumbent president is Minister Luís Roberto Barroso.
Reelection for a consecutive term is not allowed. By tradition, the most senior minister who has not yet served in the presidential role is elected as the president by the court members, to avoid politicisation of the court.
If all currently sitting members have already served in the presidential role, the rotation starts all over again. However, due to vacancies caused by the
compulsory retirement age and subsequent appointment of new ministers, it is very rare for the cycle to be ever completed. Some ministers are forced to retire before their turn for the presidency arrives, as was expected to happen with
Teori Zavascki
Teori Albino Zavascki (15 August 1948 – 19 January 2017) was a Brazilian people, Brazilian judge who served as a Superior Court of Justice (Brazil), Minister of the Superior Court of Justice from 8 May 2003 until 29 November 2012, appointed by ...
.
According to the same convention, the minister who is next in the line of succession for the presidency will serve as the vice-president for the time being. 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.
The chief justice is also the 4th in the
presidential line of succession, when the
President of the Republic becomes prevented to be in charge, being preceded by the
Vice President
A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
, the
President of the Chamber of Deputies, and the
President of the Federal Senate, as provided in Article 80 of the
Brazilian Constitution.
[Brazilian Constitution](_blank)
''(in Portuguese)''
Current members
The eleven judges of the court are called Ministers (), although have no similarity with the government body of ministers. They are appointed by the
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
and approved by the
Federal Senate. While there is no term length, there is a
mandatory retirement
Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire.
A ...
age of 75.
Notes
*
M. Names in bold are the names used in social denomination.
In relation to other courts
Gallery
File:Brazilian Supreme Federal Tribunal.jpg, The Supreme Federal Court in session
File:STF Plenario.jpg, The courtroom of the Supreme Federal Court
File:Congresso Nacional (29532231602).jpg, Supreme Federal Court at night
File:Supreme Federal Court - Side.jpg, The Supreme Court lit up in pink for Breast Cancer Awareness Month on 29 October 2020
See also
*
Brazil federal courts
*
List of ministers of the Supreme Federal Court (Brazil)
*
Tribunal de Justiça
Notes
References
External links
*
Photo 360° of Supreme Federal Court – GUIABSB
{{Authority control
Supreme Federal Court of Brazil
1808 establishments in Brazil
Courts and tribunals established in 1808