Judiciary Brazil

JUDICIARY OF BRAZIL 
 
The Brazilian judicial branch is hierarchically structured in a federal system made up of both federal and state courts. Under the 1988 Constitution, five courts sit at the apex of the court system, each with different functional responsibilities:
 
the Superior Justice Tribunal and the Superior Military Court, Superior Electoral Court, and Superior Labor Court acts as the courts of last instance in their respective areas of expertise.
  1. the Federal Supreme Court(Supremo Tribunal Federal, or STF) is the key court for constitutional matters and matters involving conflict between members of the federation10;
  2. the Superior Court of Justice (Superior Tribunal de Justi├ža, or STJ) acts as the court of last instance on non-constitutional matters;
  3. the Superior Justice Tribunal;
  4. the Superior Labor Courts;
  5. the Superior Electoral Courts;
  6. the Superior Military Courts;
THE FEDERAL SUPREME COURT
 
The Federal Supreme Court has the seat in the Federal Capital and jurisdiction over the entire national territory. The Federal Supreme Court is responsible, mainly, for safeguarding the Constitution and it is incumbent upon it:
  1. to process and adjudicate, originally:
    1. direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;
    2. in common criminal offenses, the President of the Republic, the Vice President, the members of Congress, its own Justices and the Attorney General of the Republic;
    3. in common criminal offenses and criminal malversion, the Ministers of State, excepting the provisions of Article 52 I, the members of the Superior Courts, those of the Federal Audit Court and the heads of permanent diplomatic missions;
    4. habeas corpus when the petitioner is any one of the persons referred to in the preceding subsections; writs of mandamus and habeas data against acts of the President of the Republic, of the Presiding Boards of the House of Representatives and of the Federal Senate, of the Audit Tribunal of the Union, of the Attorney General of the Republic, and of the Federal Supreme Court itself;
    5. litigation between a foreign State or international organization and the Republic, a State, the Federal District or a Territory;
    6. disputes and conflicts between the Republic and the States, the Republic and the Federal District, or between one another, including their respective indirect administration entities;
    7. extradition requested by a foreign State;
    8. homologation of foreign court decisions and the granting of exequatur to letters rogatory, which may be conferred by its internal regulations upon its President;
    9. habeas corpus, when the constraining party or the petitioner is a court, authority or employee whose acts are directly subject to the jurisdiction of the Federal Supreme Court, or in the case of a crime subject to the same jurisdiction in one sole instance;
    10. criminal review of and rescissory action for its decisions;
    11. claims for the preservation of its jurisdiction and guarantee of the authority of it's decisions;
    12. enforcement of a court decision in a case for which it has original jurisdiction, the delegation of authority to perform procedural acts being allowed;
    13. suits in which all members of the courts are directly or indirectly involved, and suits in which more than half of the members of the court of origin are impaired or have a direct or indirect interest;
    14. conflicts of jurisdiction between the Superior Court of Justice and any other courts, between Superior Courts, or between the latter and any other court
    15. requests for a writ of prevention in direct actions of unconstitutionality;
    16. writs of injunction, when preparation of the regulation is the responsibility of the President of the Republic, of Congress, of the House of Representatives, of the Federal Senate, of the Presiding Boards of one of these Legislative Chambers, of the Audit Tribunal of the Union, of one of the Superior Courts, or of the Federal Supreme Court itself;
  2. to adjudicate, at ordinary appeal level:
    1. habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial;
    2. political crimes;
  3. to adjudicate, at extraordinary appeal level, cases decided in a sole or last instance, when the appealed decision:
    1. is contrary to a provision of this Constitution;
    2. declares the unconstitutionality of a treaty or a federal law;
    3. considers valid a law or an act of a local government contested under this Constitution. (1) A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.
Final decisions on merits, pronounced by the Supreme Federal Court, in declaratory actions of constitutionality of a federal law or normative act, shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power, as well as the Executive Power.
 
THE SUPERIOR COURT OF JUSTICE
 
The superior court performs the following functions:
  1. to process and adjudicate, originally:
    1. in common crimes, the Governors of the States, and of the Federal District and, in common crimes and criminal malversion, the justices of the Courts of Appeals of the States and of the Federal District, the members of the Audit Courts of the States and of the Federal District, those of the Federal Regional Courts, of the Regional Electoral and Labor Courts, the members of Audit Courts or Councils of the Municipalities, and the members of the Attorney General's Office of the Republic, who act before courts;
    2. writs of mandamus and habeas data against an act of a Minister of State or of the Court itself;
    3. habeas corpus, when the constraining party is a Minister of State, except for the jurisdiction of the Electoral Courts;
    4. conflicts of jurisdiction between any courts, except for the provisions of Article 102 I o), as well as between a court and judges not subordinated to it, and between judges subordinated to different courts;
    5. criminal reviews of and the rescissory actions for its decisions;
    6. claims for the preservation of its jurisdiction and guarantee of the authority of its decisions;
    7. conflicts of authority between administrative and judicial authorities of the Republic, or between judicial authorities of one State and administrative authorities of another State or of the Federal District, or between those of the latter and those of the Republic;
    8. writs of injunction, when the preparation of the regulation is the responsibility of a federal body, entity or authority, of direct or indirect administration, with the exception of cases coming under the jurisdiction of the Federal Supreme Court and of the bodies of the Military Courts, or the Electoral Courts, of the Labor Courts and of the Federal Courts;
  2. to adjudicate, at ordinary appeal level:
    1. habeas corpus decided in a sole instance or last instance by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the decision denies it;
    2. writs of mandamus decided in a sole instance by the Federal Regional Courts or by the courts of the States, of the Federal District and of the Territories, when the decision denies it;
    3. cases in which the parties are a foreign State or an international organization on the one part, and a Municipality or a person resident or domiciled in Brazil on the other part;
  3. to adjudicate, at special appeal level, cases decided, in a sole instance or last instance, by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the appealed decision:
    1. is contrary to a treaty or federal law or denies the effectiveness thereof;
    2. considers valid a law or act of a local government, contested in view of a federal law;
    3. confers upon a federal law an interpretation different from that which has been conferred upon it by another court.                                                                   (1) A Council of Federal Justice operates together with the Superior Court of Justice, and it shall, as set forth in the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances.
FEDERAL REGIONAL COURTS
 
Functions of Federal Regional Court
 
It is incumbent upon the Federal Regional Courts to:
  1. process and adjudicate, originally:
  2.  
    1. federal judges of the area of their jurisdiction, including those of the Military Courts and of the Labor Courts, in common crimes and in criminal malversion, and the members of the Federal Attorney General's Office, except for the jurisdiction of the Electoral Courts;
    2. criminal review of and the rescissory action for their decisions or those of the federal judges of the region; c) writs of mandamus and habeas data against an act of the Court itself or of a federal judge; d) habeas corpus, when the constraining authority is a federal judge;
    3. conflicts of jurisdiction between federal judges subordinated to the Court; II. adjudicate at appeal level, cases decided by federal judges and by state judges exercising federal authority in the area of their jurisdiction.
REGIONAL COURTS
 
Each State, as well as the Federal District, is a judicial section, which has its seat in the respective Capital, and courts located as set forth in the law. In the Federal Territories, the jurisdiction and duties vested in the federal judges are incumbent upon the judges of the local courts, according to the law.
 
LABOR COURTS
 
The labor court consists of Labor Courts in the country:
  1. the Superior Court of Labor;
  2. the Regional Labor Courts;
  3. the Conciliation and Judgement Commission.
REGIONAL LABOUR COURT
 
There has to be at least one Regional Labor Court in each State and in the Federal District, and the law institutes the Conciliation and Judgement Commissions. In those counties in which they are not instituted, the law may ascribe their jurisdiction to the court judges.