Overview of the Brazilian Judiciary

Federal Supreme Court

The Federal Supreme Court is the highest level of the Brazilian Judicial Branch, and is primarily responsible for guarding the Constitution, as defined in art. 102 of the Brazilian Constitution.

It is composed of eleven Justices, all Brazilian (cannot be naturalized), chosen among citizens over 35 and under 65 years of age, with notable legal knowledge and unblemished reputation.

Among its main attributions, the STF is responsible for processing the cases about constitutionality of a federal or state law or normative act, the declaratory action of constitutionality of federal law or normative act, the allegation of non-compliance with a fundamental precept arising from the Constitution, and extradition requests by foreign states.

In the criminal area, the STF has the competence to process cases about, regarding common criminal offenses, the President of the Republic, the Vice-President, the members of the National Congress, its own Justices and the Attorney General of the Republic, among others.

STF also has the attribution of processing, in ordinary appeal, the habeas corpus, the writ of mandamus, the habeas data, and the writ of injunction decided in a single instance by the Superior Courts, if the decision is denied, and, in extraordinary appeal, cases decided in the sole or last instance, when the contested decision opposes a provision of the Constitution.

Due to the Constitutional Amendment n. 45/2004, it is possible for the Federal Supreme Court to approve, after repeated decisions on constitutional matters, a precedent with binding effect to the other structures of the Judiciary and the direct and indirect public administration, at the federal, state, and municipal spheres (art. 103-A of CF/1988).

The Plenary, the Panels, and the President are the units of the Court. The President and Vice-President are elected by the STF’s Plenary, among its Justices, and have a two-year term. Each of the two Panels is constituted by five Justices and is presided by the oldest among its members, for a one-year term, with reappointment being prohibited, until all members have exercised the Presidency, in descending order of seniority.

National Council of Justice

The National Council of Justice (CNJ) was created by the Constitutional Amendment n. 45 of 2004 and installed on June 14th, 2005, under art. 103-B of the Brazilian Constitution. Based in Brasília (DF) and operating throughout the national territory, CNJ objective is to improve the Brazilian judicial system, especially concerning administrative and procedural control and transparency. In addition, it seeks to promote judicial services’ efficiency, formulating and executing national judicial policies and promoting and disseminating best practices.

It is composed of 15 members with a two-year term, with one reappointment permitted, under the following terms:

I – the President of the Federal Supreme Court (the Brazilian Chief Justice);

II – a Justice of the Superior Court of Justice, appointed by the respective court;

III – a Justice of the Superior Labor Court, appointed by the respective court;

IV – a state judge of a Appellate State Court, appointed by the Federal Supreme Court;

V – a state judge, appointed by the Federal Supreme Court;

VI – a judge of a Federal Regional Court, appointed by the Superior Court of Justice;

VII – a federal judge, appointed by the Superior Court of Justice;

VIII – a labor judge of a Regional Labor Court, appointed by the Superior Labor Court;

IX – a labor judge, appointed by the Superior Labor Court;

X – a member of the Public Prosecution of the Union, appointed by the Attorney General of the Republic;

XI – a member of a State Public Prosecution Office, chosen by the Attorney General of the Republic among the names indicated by the competent body of each state institution;

XII – two lawyers, appointed by the Federal Council of the Brazilian Bar Association;

XIII – two citizens, of notable legal knowledge and unblemished reputation, one appointed by the Chamber of Deputies and the other by the Federal Senate.

The Council is chaired by the President of the Federal Supreme Court and, in his absence or impediment, by the Vice-President of the Federal Supreme Court. The Justice of the Superior Court of Justice exercises the role of Justice of Internal Affairs, being responsible, among other attributions, for receiving complaints from any interested party, relating to the magistrates and judicial services, as well as exercising the Council´s executive functions of inspection and general correction.

The Council has the competence to control the administrative and financial performance of the Judiciary and the judge’s fulfillment of functional duties, being responsible for:

ensure the autonomy of the Judiciary and compliance with the Judiciary Statute, being able to issue regulatory acts, within the scope of its competence, or recommend measures;
ensure compliance with art. 37 of the Constitution and examine, ex officio or upon provocation, the legality of administrative acts practiced by members or organs of the Judiciary, being able to dismiss, review or set a deadline for adopting the necessary measures for exact compliance with the law, without prejudice to the competence of the Federal Court of Accounts (TCU);
receive and hear about complaints against Judiciary members or units, including against its auxiliary services and those providing notary and registration services acting by public power delegation, remaining viable the courts’ disciplinary and correctional competence, being able to invoke ongoing disciplinary proceedings, determine removal or availability and apply other administrative sanctions, ensuring ample defense.
represent to the Public Prosecution Office, in case of a crime against the public administration or abuse of authority;
review, ex officio or upon provocation, the disciplinary proceedings of judges and court members that have been decided less than one year ago;
prepare a biannual statistical report on cases and sentences delivered by each unit of the Federation, in the different structures of the Judiciary;
prepare an annual report, proposing necessary measures, regarding the situation of the Judiciary and the Council activities, which must include a message from the President of the Federal Supreme Court to be sent to the National Congress, on the occasion of the opening of the legislative session.

Superior Courts

Superior Courts are the highest bodies of their segments, processing cases of original competence and as reviewers of decisions of the first or second instances. They are the Superior Court of Justice (STJ), Superior Military Court (STM), Superior Electoral Court (TSE), and Superior Labor Court (TST). The judges that are part of these collegiate bodies are called Justices.

Superior Court of Justice

It is the common justice Superior Court (state and federal) for infra-constitutional causes (which are not directly related to the Federal Constitution), consisting of 33 Justices. Its main function is to standardize the interpretation of Brazilian federal legislation, except for issues within the competence of the specialized justice (Electoral and Labor).

Its competences are provided for in art. 105 of the Brazilian Constitution, including processing cases about appeals against decisions contrary to federal law in the second instance of the Federal Regional Courts, the State Courts, or the Military State Courts.

Superior Electoral Court

The highest level of the Electoral Courts, TSE is composed of seven titular Justices and seven substitute Justices. There are three titulars and three substitutes from the STF, two titulars and two substitutes from the STJ and two titulars and two substitute from the lawyer´s class, who are appointed by the STF and nominated by the Presidency of the Republic.

Its main function is to ensure the integrity of the entire electoral process. The TSE is responsible for, among other attributions defined in the Electoral Code, processing appeals against Regional Electoral Courts’ decisions, including in administrative controversies and matters.

Superior Military Court

The STM is composed of 15 Justices, three of whom are Navy general officers, four Army general officers, three Air Force general officers — all on active duty and at the highest rank in their careers — and five civilians jurists chosen by the President of the Republic. The Superior Military Court have the attribution of processing appeals about Military Courts’ first instance decisions, and cases about general officers when defined unworthy or incompatible for officership.

Superior Labor Court

The highest level of Labor Courts, the TST is composed of 27 Justices. Its main function is to standardize decisions on labor claims, consolidating the jurisprudence. The TST is competent to process review appeals, ordinary appeals, and interlocutory appeals against decisions of TRTs, collective deals of organized categories at the national level, as well as writs of mandamus and embargoes against its decisions, among others present in art. 114 of the Brazilian Constitution.

Brazilian Judicial Branch

The Brazilian Judicial Branch is composed of five segments: Federal and State Courts, which are part of the Common Judiciary, and Labor, Electoral and Military Courts, which are part of the Specialized Judiciary

Federal Courts

Under the provisions of Brazilian Constitution’s articles 92 and 106, there are six Federal Courts, composed by federal judges. Federal Courts are specifically responsible for processing cases in which the Federal Government, federal public companies and federal agencies are plaintiffs, defendants, assistants or opponents; cases involving foreign states or international treaties; political crimes or crimes committed against assets, services or interests of the Union; crimes against the organization of labor; the dispute over indigenous rights, among others categorically provided in art. 109 of the Brazilian Constitution.

Similar to small claim courts, the Special Federal Courts process, conciliate and decide over cases within the competence of the Federal Courts up to the value of sixty minimum wages, as well as execute their sentences, under the terms of Law n. 10.259/2001 – mostly social security demands. The Special Federal Criminal Courts process and judge demands within the competence of the Federal Justice regarding infractions of small offensive potential.

How they are structured:

The organization of the Federal Courts’ first instance is regulated by Federal Law n. 5010, of May 30, 1966, which determines that in each of the states, as well as in the Federal District., a judicial section will be constituted. Located in the capitals each state, the judicial sections are formed by a set of federal courts, where the federal judges work. They are responsible for the original trials and decisions of most of the cases submitted to the Federal Courts.

The Federal Courts’ second instance are organized in six regions, called Federal Regional Courts (TRFs), with headquarters in Brasília (TRF 1st Region), Rio de Janeiro (TRF 2nd Region), São Paulo (TRF 3rd Region), Porto Alegre (TRF 4th Region) and Recife (TRF 5th Region) and Belo Horizonte (TRF 6th Region, starting in 2022).

Federal Regional Courts’ jurisdiction invole two or more judicial sections, as below:

TRF 1st Region: Acre, Amapá, Amazonas, Bahia, Federal District, Goiás, Maranhão, Mato Grosso, Pará, Piauí, Rondônia, Roraima and Tocantins;
TRF 2nd Region: Espírito Santo and Rio de Janeiro;
TRF 3rd Region: Mato Grosso do Sul and São Paulo;
TRF 4th Region: Paraná, Rio Grande do Sul and Santa Catarina;
TRF 5th Region: Alagoas, Ceará, Paraíba, Pernambuco, Rio Grande do Norte and Sergipe.
TRF 6th Region: Minas Gerais.

State Courts

State Courts are responsible for process controversies and other matters that do not fall within the competence of the other segments of the Judiciary -Federal, Labour, Electoral, and Military. It means they have a residual competence, despite process the biggest volume of cases.

How they are organized:

Each Brazilian state has the power to organize its own courts. At Federal District (Brazilian capital district), it’s organized and maintained by the Federal government.

How they are structured:

The State Courts are structured in two instances of jurisdiction:

First instance: composed by state judges.

Second instance: represented by the Appellation State Courts (TJs), in which state judges process and review claims against first instance’s decisions.

What are the Small Claims Courts?

Created by Federal Law n. 9099, of September 26, 1995, the small claims courts are responsible for the conciliation, processing, judgement and execution of simple civil cases (for example, cases whose value does not exceed forty times the minimum wage, among others) and criminal offenses of small potential (misdemeanors), which are, in Brazil, those that have a maximum penalty of two years.

Electoral Courts

Electoral Courts are responsible for the organization of elections, referendums and plebiscites, the trials and decisions about electoral issues, and for the elaboration of electoral process’ rules.

How they are structured:

Electoral Courts don’t have own staff of judges, who act by mandate. It is structured in three bodies, the Superior Electoral Court, the first and second instances:

First instance: composed of an electoral judge in each electoral zone, chosen among the state judges, and by the electoral boards, with a provisional existence during elections and composed of a state judge and two or four citizens of notorious reputation.

Second instance: represented by the Regional Electoral Courts (TREs), which have two second instance judges of State Courts, two state judges, one judge of the Federal Regional Court (or a federal judge in states in which the capital does not holds a TRF), and two lawyers of notable legal knowledge and moral integrity.

Labor Courts

Labor Courts conciliate and process lawsuits about employment relationship, as well as involving the exercise of the strike’s right, union representation and demands arising from compliance with their own sentences, including collective ones.

How they are organized:

There are the Superior Labor Court (TST), the 24 Regional Labor Courts (TRTs), and labor judges that process cases in labor courts’ first instance.

How they are structured:

Each of 24 Regional Labor Courts (TRTs) is structured in two degrees of jurisdiction:

First instance: composed of the labor courts where labor judges process cases. Its competence is determined by the location in which the service is provided to the employer, regardless of the place of hiring (whether national or international).

Second instance: composed of the Regional Labor Courts (TRTs). They are responsible for processing ordinary appeals against decisions of the labor courts, collective bargaining, original actions, and writs of mandamus against acts of their judges.

Military Courts

Federal Military Court

Federal Military Court is responsible for processing cases against military personnel from the Armed Forces and civilians about military crimes established by law. They are the oldest segment of Brazilian Judicial Branch. The Superior Military Court was the first Court created in the country, on April 1, 1808, by the former Prince Regent of Portugal, Dom João VI.

How they are structured

Federal Military Court is structured in two levels of jurisdiction, a first instance, and a superior court, the Superior Military Court (STM). The first instance is composed of 19 judicial audits, divided into 12 military judicial districts. The judicial audits process the cases related to the Navy, the Army, and the Air Force. The trial is carried out by the Justice Councils, formed by four military officers and one civil auditor judge.

The appeals regarding first instance decisions are sent directly to the STM, which is also responsible for processing cases against general officers originally.

The Military State Courts are responsible for process cases involving the military personnel of the States (Military Police and Military Fire Brigade) about military crimes defined by law and legal actions against military disciplinary acts.

How they are organized:

Each state has the competence to create its Military State Court by a law originated form the State Courts. However, the creation of a Military State Court is only possible if there are more than twenty thousand members of the state military forces, including the Military Police and the Military Fire Department (§ 3 of art. 125 of CF/88). Three states have a Military State Appellation Court: Minas Gerais, Rio Grande do Sul, and São Paulo.

How they are structured:

Military State Courts are structured in two instances of jurisdiction. The first instance consists of military audits, composed by a state judge, also known as auditor judge, responsible for official acts, and the Justice Councils, collegiate body formed by four military judges (army officers) and the auditor judge. The second instance is represented by the Military State Appellation Courts at Minas Gerais, São Paulo and Rio Grande do Sul. At the other states and the Federal District, this function is attributed to the State Courts (TJs).

Military State Courts

How they are organized:

How they are structured: