Brazilian law
Encyclopedia
Brazil
ian law
derives from Portuguese
Civil law
and is based on statutes and, partly and more recently, súmula vinculante (stare decisis
). The Federal Constitution
, in force since October 5, 1988, is the supreme
law
of the country and is the characterized by its rigid written form. The Constitution organizes the country as a Federative Republic
, formed by the indissoluble union of the states and municipalities and of the Federal District. The 26 federate states have powers to adopt their own Constitutions and laws. Their autonomy
, however, is limited by the principle
s established in the Federal Constitution.
Municipalities also enjoy restricted autonomy as their legislation
must follow the dictates of the Constitution of the state to which they belong, and consequently to those of the Federal Constitution itself. for the brazil As for the Brazilian Federal District
, it blends functions of federate states and of municipalities, and its equivalent to a constitution, named Organic Law
, must also obey the terms of the Federal Constitution.
The powers of the Union, as defined within the Constitution, are the Executive
, the Legislative and the Judiciary
, which are independent and harmonious amongst themselves. The head of the Executive is the President of the Republic
, which is both the Chief of State and the Head of Government and is directly elected by the citizens. The Legislative, embedded in the form of National Congress and consists of two houses: The Chamber of Deputies (lower house) and the Federal Senate (upper house), both constituted by representatives who are elected by the citizens. The Judicial powers are vested upon the Federal Supreme Court, the Superior Court of Justice, the Regional
Federal Courts and Federal Judges. There are also specialized courts to deal with electoral, labor and military
disputes.
The Judiciary
is organized into federal and state branches. Municipalities do not have their own justice systems, and must, therefore, resort to state or federal justice systems, depending on the nature of the case. The judicial system consists of several courts. The apex is the Federal Supreme Court and is the guardian of the Constitution. Among other duties, it has exclusive jurisdiction
to: (i) declare federal or state laws unconstitutional; (ii) order extradition requests from foreign States; and (iii) rule over cases decided in sole instance courts, where the challenged decision may violate the Constitution.
The Superior Court of Justice
is responsible for upholding federal legislation and treaties. The five Regional Federal Courts, have constitutional jurisdiction on cases involving appeals towards the decision ruled by federal judges, and are also responsible for cases of national interest and crimes foreseen in international
pact
s, among other duties. The jurisdiction of the Federal Judges include: being responsible for hearing most disputes in which one of the parties is the Union
(State); ruling on lawsuits between a foreign State or international organization and a municipality or a person residing in Brazil; and judging cases based on treaties or international
agreement
s of the Union against a foreign
State
or international body.
State-level justice
in Brazil consists of state courts and judges. The States of Brazil organize their own judicial systems, with court jurisdiction defined in each state constitution, observing that their legal scope is limited by those that do not concern the federal judicial ordainment. The legislative process begins, in broad terms, with a bill of law in one of the Congress Houses, either the Chamber of Deputies
or the Federal Senate
, thus called the Originating House. Once the bill is voted, it can either be rejected or forwarded to the other house, which is then called Reviewing House. There the bill can be rejected, approved or amended to be then returned to the Originating House. Depending on the object of the bill, it is forwarded for the presidential sanction or veto, as a whole or in part. If the bill
is vetoed, the members of the National Congress of Brazil
can override such veto
.
For centuries, as a Portuguese colony
, the Law in Brazil was Law of Portugal
. Famous alumni of Brazilian colonial era, among them many revolutionaries, were formed in the important Portuguese University of Coimbra, located in Central Portugal. With the Independence of Brazil and the rise of the Empire, it was necessary to create an independent
judiciary
and also to train its staff of legal education in the country. In 1827, the first law school
s in Brazil, the Academies of Law and Social Sciences in São Paulo
and Olinda
.
Brazil
ian law is largely derived from Portuguese civil law
and is related to the Roman
-Germanic legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis
, called Súmula Vinculante. Nevertheless, according to article 103-A of the Brazilian Constitution
, only the Supreme Court is allowed to publish binding rules. Inferior judge
s and courts, and the public administration, are hence obliged to obey the interpretations of the Supreme Court.
In more recent times, according to the Judiciary Structure framed in the Brazilian Constitution, judicial power is divided between the State judicial branch and the Federal judicial branch, and they have different jurisdiction
s. The prerogatives and duties of judges are the same, the differences being only in the competences, structure and composition of the Courts.
in Brazil, with 197,664 law student
s. The law schools are present in the all States of Brazil. In the United States
the number of law schools were only 180. The U.S. State of Alaska
has not a law school. In 2010, the total of lawyer
s in Brazil were 621,885. The State of São Paulo had the largest number, 222,807 lawyers, or 1/3 of the total of lawyers in performance in the country. The State of Rio de Janeiro
had 112,515 lawyers, and the State of Minas Gerais
had 63,978 lawyers.
The Course of Law is one of the most prestigious and promising in the country. With a duration of five years and at the end of the course the student becomes a graduate
, can not yet exercise the profession
. While studying in a law school
, the student will have all the knowledge needed to pursue the many professions related to law school, but must first pass the examination of the Bar Association of Brazil.
The overall median income of the Brazilian lawyer, in 2007, was R$ 36,120. The start median income was R$ 20,040. And the top median was R$ 3,000,000. The Brazilian judge
had an overall median income of R$ 170,000. The start median income was R$ 150,500. And the top median was R$ 310,500. The Brazilian prosecutor
had an overall median income of R$ 150,000. The start median income was R$ 140,000. And the top median was R$ 270,000.
only presents the federal-level judicial branch. Each comarca has at least one trial court, a court of first instance
. Each court of first instance has a law judge and a substitute judge. The judge decides alone in all civil cases and in most criminal cases. Only intentional crimes against life are judged by jury
. The judges of the courts are nominated after a selection process. There are specialized courts of first instance for family litigation or bankruptcy
in some comarcas. Judgments from these district courts can be the subject of judicial review
following appeals to the courts of second instance.
s. Some states, as São Paulo
and Minas Gerais
, used to have Court of Appeals
(Tribunal de Alçada in Portuguese) which had different jurisdiction. But the 45th Constitutional Amendment
to the Brazilian Constitution, in its article four, decreed their extinction in order to simplify the second instance structure.
Second instance judgments are usually made by three judge
s, called desembargadores. These Courts are divided into civil chambers, which judge civil cases, and criminal chambers. Judges of the Courts of Justice
overview one another. A Court
can expel any judge who has displayed unethical behavior.
Regional Federal Courts (in number of 5) have jurisdiction over circuits of several states and tend to be headquartered in the largest city of their territory. The regional courts are:
in civil and criminal cases: the Superior Court of Justice
("Superior Tribunal de Justiça" in Portuguese, shorthand STJ) and the Supreme Federal Court ("Supremo Tribunal Federal" in Portuguese, shorthand STF), the highest Brazilian court (decides issues concerning offences to the Brazilian Constitution).
The "Superior Tribunal de Justiça (STJ)" is the Brazilian highest court in non-constitutional issues and grants a Special Appeal (Recurso Especial in Portuguese) when a judgement of a court of second instance offends a federal statute
disposition or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts for labor law, electoral law and military law
.
The STF grants Extraordinary Appeals (Recurso Extraordinário in Portuguese) when judgements of second instance courts violate the constitution. The STF is the last instance for the writ of habeas corpus
and for reviews of judgments from the STJ.
The superior courts do not analyze any factual questions in their judgments, but only the application of the law and the constitution. Facts and evidences are judged by the courts of second instance, except in specific cases such as writs of habeas corpus
.
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
derives from Portuguese
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
and is based on statutes and, partly and more recently, súmula vinculante (stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
). The Federal Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
, in force since October 5, 1988, is the supreme
Supreme
Supreme may mean or refer to:* Supreme , a comic book superhero* Supreme , a term used in cookery* Supreme, Louisiana, a census-designated place in the United States* Supreme , a hip-hop producer* Supreme Records, a record label...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of the country and is the characterized by its rigid written form. The Constitution organizes the country as a Federative Republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, formed by the indissoluble union of the states and municipalities and of the Federal District. The 26 federate states have powers to adopt their own Constitutions and laws. Their autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
, however, is limited by the principle
Principle
A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...
s established in the Federal Constitution.
Municipalities also enjoy restricted autonomy as their legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
must follow the dictates of the Constitution of the state to which they belong, and consequently to those of the Federal Constitution itself. for the brazil As for the Brazilian Federal District
Brazilian Federal District
The Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...
, it blends functions of federate states and of municipalities, and its equivalent to a constitution, named Organic Law
Organic law
An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state....
, must also obey the terms of the Federal Constitution.
The powers of the Union, as defined within the Constitution, are the Executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, the Legislative and the Judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, which are independent and harmonious amongst themselves. The head of the Executive is the President of the Republic
President of the Republic
The President of the Republic is a title used for heads of government or heads of state in some republics:*President of Argentina, the Presidente de la República Argentina* President of Brazil, the Presidente da República Federativa do Brasil...
, which is both the Chief of State and the Head of Government and is directly elected by the citizens. The Legislative, embedded in the form of National Congress and consists of two houses: The Chamber of Deputies (lower house) and the Federal Senate (upper house), both constituted by representatives who are elected by the citizens. The Judicial powers are vested upon the Federal Supreme Court, the Superior Court of Justice, the Regional
Régional
Régional Compagnie Aérienne Européenne, or Régional for short, is a subsidiary airline wholly owned by Air France which connects hubs at Paris, Lyon, Clermont-Ferrand, and Bordeaux to 49 airports in Europe. The airline operates in Air France livery, retaining its name in small titles and logo on...
Federal Courts and Federal Judges. There are also specialized courts to deal with electoral, labor and military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
disputes.
The Judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
is organized into federal and state branches. Municipalities do not have their own justice systems, and must, therefore, resort to state or federal justice systems, depending on the nature of the case. The judicial system consists of several courts. The apex is the Federal Supreme Court and is the guardian of the Constitution. Among other duties, it has exclusive jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to: (i) declare federal or state laws unconstitutional; (ii) order extradition requests from foreign States; and (iii) rule over cases decided in sole instance courts, where the challenged decision may violate the Constitution.
The Superior Court of Justice
Superior Court of Justice (Brazil)
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases...
is responsible for upholding federal legislation and treaties. The five Regional Federal Courts, have constitutional jurisdiction on cases involving appeals towards the decision ruled by federal judges, and are also responsible for cases of national interest and crimes foreseen in international
International
----International mostly means something that involves more than one country. The term international as a word means involvement of, interaction between or encompassing more than one nation, or generally beyond national boundaries...
pact
Pact
A pact is a formal agreement.Pact, The Pact or PACT may also refer to:-PACT as an acronym:* Protein ACTivator of the interferon-induced protein kinase, a protein that activates protein kinase R...
s, among other duties. The jurisdiction of the Federal Judges include: being responsible for hearing most disputes in which one of the parties is the Union
Political union
A political union is a type of state which is composed of or created out of smaller states. Unlike a personal union, the individual states share a common government and the union is recognized internationally as a single political entity...
(State); ruling on lawsuits between a foreign State or international organization and a municipality or a person residing in Brazil; and judging cases based on treaties or international
International
----International mostly means something that involves more than one country. The term international as a word means involvement of, interaction between or encompassing more than one nation, or generally beyond national boundaries...
agreement
Agreement
Agreement may refer to:* Agreement or concord, cross-reference between parts of a phrase* Gentlemen's agreement, not enforceable by law* Contract, enforceable in a court of law...
s of the Union against a foreign
Foreign
Foreign may refer to:*Foreign corporation, a corporation that can do business outside its jurisdiction*Foreign key, a constraint in a relational database*Foreign language, a language not spoken by the people of a certain place...
State
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
or international body.
State-level justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
in Brazil consists of state courts and judges. The States of Brazil organize their own judicial systems, with court jurisdiction defined in each state constitution, observing that their legal scope is limited by those that do not concern the federal judicial ordainment. The legislative process begins, in broad terms, with a bill of law in one of the Congress Houses, either the Chamber of Deputies
Chamber of Deputies of Brazil
The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...
or the Federal Senate
Senate of Brazil
The Federal Senate of Brazil is the upper house of the National Congress of Brazil. Created by the first Constitution of the Brazilian Empire in 1824, it was inspired by the United Kingdom's House of Lords, but with the Proclamation of the Republic in 1889 it became closer to the United States...
, thus called the Originating House. Once the bill is voted, it can either be rejected or forwarded to the other house, which is then called Reviewing House. There the bill can be rejected, approved or amended to be then returned to the Originating House. Depending on the object of the bill, it is forwarded for the presidential sanction or veto, as a whole or in part. If the bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
is vetoed, the members of the National Congress of Brazil
National Congress of Brazil
The National Congress of Brazil is the legislative body of Brazil's federal government.Unlike regional legislative bodies – Legislative Assemblies and City Councils -, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies .The Senate represents the 26 states and...
can override such veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
.
Constitution and law
Portuguese Empire
The Portuguese Empire , also known as the Portuguese Overseas Empire or the Portuguese Colonial Empire , was the first global empire in history...
, the Law in Brazil was Law of Portugal
Law of Portugal
The Law of Portugal is the legal system that applies in Portugal. The Portuguese legal system is a civil law or continental legal system, based on Roman law...
. Famous alumni of Brazilian colonial era, among them many revolutionaries, were formed in the important Portuguese University of Coimbra, located in Central Portugal. With the Independence of Brazil and the rise of the Empire, it was necessary to create an independent
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
and also to train its staff of legal education in the country. In 1827, the first law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s in Brazil, the Academies of Law and Social Sciences in São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
and Olinda
Olinda
Olinda is a historic city in the Brazilian state of Pernambuco, located on the country's northeastern Atlantic Ocean coast, just north of Recife and south of Paulista...
.
Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian law is largely derived from Portuguese civil law
Law of Portugal
The Law of Portugal is the legal system that applies in Portugal. The Portuguese legal system is a civil law or continental legal system, based on Roman law...
and is related to the Roman
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
-Germanic legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
, called Súmula Vinculante. Nevertheless, according to article 103-A of the Brazilian Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
, only the Supreme Court is allowed to publish binding rules. Inferior judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and courts, and the public administration, are hence obliged to obey the interpretations of the Supreme Court.
In more recent times, according to the Judiciary Structure framed in the Brazilian Constitution, judicial power is divided between the State judicial branch and the Federal judicial branch, and they have different jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s. The prerogatives and duties of judges are the same, the differences being only in the competences, structure and composition of the Courts.
Law and lawyers
In 2007, existed 1,024 courses of LawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in Brazil, with 197,664 law student
Student
A student is a learner, or someone who attends an educational institution. In some nations, the English term is reserved for those who attend university, while a schoolchild under the age of eighteen is called a pupil in English...
s. The law schools are present in the all States of Brazil. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
the number of law schools were only 180. The U.S. State of Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
has not a law school. In 2010, the total of lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s in Brazil were 621,885. The State of São Paulo had the largest number, 222,807 lawyers, or 1/3 of the total of lawyers in performance in the country. The State of Rio de Janeiro
Rio de Janeiro (state)
Rio de Janeiro is one of the 27 states of Brazil.Rio de Janeiro has the second largest economy of Brazil behind only São Paulo state.The state of Rio de Janeiro is located within the Brazilian geopolitical region classified as the Southeast...
had 112,515 lawyers, and the State of Minas Gerais
Minas Gerais
Minas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...
had 63,978 lawyers.
The Course of Law is one of the most prestigious and promising in the country. With a duration of five years and at the end of the course the student becomes a graduate
Graduation
Graduation is the action of receiving or conferring an academic degree or the ceremony that is sometimes associated, where students become Graduates. Before the graduation, candidates are referred to as Graduands. The date of graduation is often called degree day. The graduation itself is also...
, can not yet exercise the profession
Profession
A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
. While studying in a law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
, the student will have all the knowledge needed to pursue the many professions related to law school, but must first pass the examination of the Bar Association of Brazil.
The overall median income of the Brazilian lawyer, in 2007, was R$ 36,120. The start median income was R$ 20,040. And the top median was R$ 3,000,000. The Brazilian judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
had an overall median income of R$ 170,000. The start median income was R$ 150,500. And the top median was R$ 310,500. The Brazilian prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
had an overall median income of R$ 150,000. The start median income was R$ 140,000. And the top median was R$ 270,000.
State-level judiciary
Trial courts
Each state territory is divided into judicial districts named comarcas, which are composed of one or more municipalities. The 26 Courts of Justice have their headquarters in the capital of each State and have jurisdiction only over their State territories. The Federal DistrictBrazilian Federal District
The Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...
only presents the federal-level judicial branch. Each comarca has at least one trial court, a court of first instance
Court of first instance
A court of first instance is a trial court of original or primary jurisdiction.Specific courts called the Court of First Instance include:* European Court of First Instance, of the European Union* Court of First Instance...
. Each court of first instance has a law judge and a substitute judge. The judge decides alone in all civil cases and in most criminal cases. Only intentional crimes against life are judged by jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. The judges of the courts are nominated after a selection process. There are specialized courts of first instance for family litigation or bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
in some comarcas. Judgments from these district courts can be the subject of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
following appeals to the courts of second instance.
Justice tribunals
The highest court of a state judicial system is its court of second instance, the Courts of Justice. In each Brazilian State there is one Court of Justice (Tribunal de Justiça in Portuguese). Courts of Justice are courts of appeal, meaning they can review any decisions taken by the trial courts, and have the final word on decisions at state level, though their decisions may be overturned by the federal courtFederal court
Federal court may refer to a court of the national government in a country that has a federal system of government. Examples include:* United States federal courts** A particular federal court, such as the United States district courts....
s. Some states, as São Paulo
São Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
and Minas Gerais
Minas Gerais
Minas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...
, used to have Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
(Tribunal de Alçada in Portuguese) which had different jurisdiction. But the 45th Constitutional Amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Brazilian Constitution, in its article four, decreed their extinction in order to simplify the second instance structure.
Second instance judgments are usually made by three judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, called desembargadores. These Courts are divided into civil chambers, which judge civil cases, and criminal chambers. Judges of the Courts of Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
overview one another. A Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
can expel any judge who has displayed unethical behavior.
Federal-level judicial branch
Regional Federal Courts (in number of 5) have jurisdiction over circuits of several states and tend to be headquartered in the largest city of their territory. The regional courts are:
- The Regional Federal Court of the 1st Region has jurisdiction over the Federal DistrictBrazilian Federal DistrictThe Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...
and 13 States: Minas GeraisMinas GeraisMinas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...
, BahiaBahiaBahia is one of the 26 states of Brazil, and is located in the northeastern part of the country on the Atlantic coast. It is the fourth most populous Brazilian state after São Paulo, Minas Gerais and Rio de Janeiro, and the fifth-largest in size...
, PiauíPiauíPiauí is one of the states of Brazil, located in the northeastern part of the country.Piauí has the shortest coastline of any of the non-landlocked Brazilian states at 66 km , and the capital, Teresina, is the only state capital in the north east to be located inland...
, MaranhãoMaranhãoMaranhão is a northeastern state of Brazil. To the north lies the Atlantic Ocean. Maranhão is neighbored by the states of Piauí, Tocantins and Pará. The people of Maranhão have a distinctive accent...
, GoiásGoiásGoiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...
, Mato GrossoMato GrossoMato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest...
, AmapáAmapáAmapá is one of the states of Brazil, located in the extreme north, bordering French Guiana and Suriname to the north. To the east is the Atlantic Ocean, and to the south and west is the Brazilian state of Pará. Perhaps one of the main features of the state is the River Oiapoque, as it was once...
, TocantinsTocantinsTocantins may refer to:* Tocantins, a state in Brazil* Tocantins River, a river in Brazil* Survivor: Tocantins, a reality show set in Tocantins, Brazil* Tocantins Esporte Clube, a Brazilian football club...
, ParáParáPará is a state in the north of Brazil. It borders the Brazilian states of Amapá, Maranhão, Tocantins, Mato Grosso, Amazonas and Roraima. To the northwest it also borders Guyana and Suriname, and to the northeast it borders the Atlantic Ocean. The capital is Belém.Pará is the most populous state...
, Amazonas, RoraimaRoraimaRoraima is the northernmost and least populated state of Brazil, located in the Amazon region. It borders the states of Amazonas and Pará, as well as the nations of Venezuela and Guyana. The population is 400,000 and the capital is Boa Vista...
, RondôniaRondôniaRondônia is a state in Brazil, located in the north-western part of the country. To the west is a short border with the state of Acre, to the north is the state of Amazonas, in the east is Mato Grosso, and in the south is Bolivia. Its capital is Porto Velho. The state was named after Candido Rondon...
and AcreAcreThe acre is a unit of area in a number of different systems, including the imperial and U.S. customary systems. The most commonly used acres today are the international acre and, in the United States, the survey acre. The most common use of the acre is to measure tracts of land.The acre is related...
, with headquarters in BrasíliaBrasíliaBrasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...
, Federal District. - The Regional Federal Court of the 2nd Region has jurisdiction over two States: Rio de JaneiroRio de Janeiro (state)Rio de Janeiro is one of the 27 states of Brazil.Rio de Janeiro has the second largest economy of Brazil behind only São Paulo state.The state of Rio de Janeiro is located within the Brazilian geopolitical region classified as the Southeast...
and Espírito SantoEspírito SantoEspírito Santo is one of the states of southeastern Brazil, often referred to by the abbreviation "ES". Its capital is Vitória and the largest city is Vila Velha. The name of the state means literally "holy spirit" after the Holy Ghost of Christianity...
, with headquarters in Rio de JaneiroRio de JaneiroRio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...
, Rio de Janeiro. - The Regional Federal Court of the 3rd Region has jurisdiction over two States: São PauloSão Paulo (state)São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
and Mato Grosso do SulMato Grosso do SulMato Grosso do Sul is one of the states of Brazil.Neighboring Brazilian states are Mato Grosso, Goiás, Minas Gerais, São Paulo and Paraná. It also borders the countries of Paraguay and Bolivia to the west. The economy of the state is largely based on agriculture and cattle-raising...
, with headquarters in São PauloSão PauloSão Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...
, São Paulo. - The Regional Federal Court of the 4th Region has jurisdiction over three States: Rio Grande do SulRio Grande do SulRio Grande do Sul is the southernmost state in Brazil, and the state with the fifth highest Human Development Index in the country. In this state is located the southernmost city in the country, Chuí, on the border with Uruguay. In the region of Bento Gonçalves and Caxias do Sul, the largest wine...
, Santa CatarinaSanta Catarina (state)Santa Catarina is a state in southern Brazil with one of the highest standards of living in Latin America. Its capital is Florianópolis, which mostly lies on the Santa Catarina Island. Neighbouring states are Rio Grande do Sul to the south and Paraná to the north. It is bounded on the east by...
and ParanáParaná (state)Paraná is one of the states of Brazil, located in the South of the country, bordered on the north by São Paulo state, on the east by the Atlantic Ocean, on the south by Santa Catarina state and the Misiones Province of Argentina, and on the west by Mato Grosso do Sul and the republic of Paraguay,...
, with headquarters in Porto AlegrePorto AlegrePorto Alegre is the tenth most populous municipality in Brazil, with 1,409,939 inhabitants, and the centre of Brazil's fourth largest metropolitan area . It is also the capital city of the southernmost Brazilian state of Rio Grande do Sul. The city is the southernmost capital city of a Brazilian...
, Rio Grande do Sul. - The Regional Federal Court of the 5th Region has jurisdiction over six States: SergipeSergipeSergipe , is the smallest state of the Brazilian Federation, located on the northeastern Atlantic coast of the country. It borders on two other states, Bahia to the south and west and Alagoas to the north, and to the east is the Atlantic Ocean...
, AlagoasAlagoasAlagoas is one of the 27 federative units of Brazil and is situated in the eastern part of the Northeast Region. It borders: Pernambuco ; Sergipe ; Bahia ; and the Atlantic Ocean . It occupies an area of 27,767 km², being slightly larger than Haiti...
, PernambucoPernambucoPernambuco is a state of Brazil, located in the Northeast region of the country. To the north are the states of Paraíba and Ceará, to the west is Piauí, to the south are Alagoas and Bahia, and to the east is the Atlantic Ocean. There are about of beaches, some of the most beautiful in the...
, ParaíbaParaíbaParaíba Paraíba Paraíba (Tupi: pa'ra a'íba: "bad to navigation"; Brazilian Portuguese pronunciation: is a state of Brazil. It is located in the Brazilian Northeast, and is bordered by Rio Grande do Norte to the north, Ceará to the west, Pernambuco to the south and the Atlantic Ocean to the east...
, CearáCearáCeará is one of the 27 states of Brazil, located in the northeastern part of the country, on the Atlantic coast. It is currently the 8th largest Brazilian State by population and the 17th by area. It is also one of the main touristic destinations in Brazil. The state capital is the city of...
and Rio Grande do NorteRio Grande do NorteRio Grande do Norte is one of the states of Brazil, located in the northeastern region of the country, occupying the northeasternmost tip of the South American continent. Because of its geographic position, Rio Grande do Norte has a strategic importance. The capital and largest city is Natal...
, with headquarters in RecifeRecifeRecife is the fifth-largest metropolitan area in Brazil with 4,136,506 inhabitants, the largest metropolitan area of the North/Northeast Regions, the 5th-largest metropolitan influence area in Brazil, and the capital and largest city of the state of Pernambuco. The population of the city proper...
, Pernambuco.
Superior courts
There are two national superior courts making up the Supreme Court, which grant writs of certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
in civil and criminal cases: the Superior Court of Justice
Superior Court of Justice (Brazil)
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases...
("Superior Tribunal de Justiça" in Portuguese, shorthand STJ) and the Supreme Federal Court ("Supremo Tribunal Federal" in Portuguese, shorthand STF), the highest Brazilian court (decides issues concerning offences to the Brazilian Constitution).
The "Superior Tribunal de Justiça (STJ)" is the Brazilian highest court in non-constitutional issues and grants a Special Appeal (Recurso Especial in Portuguese) when a judgement of a court of second instance offends a federal statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
disposition or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts for labor law, electoral law and military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
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The STF grants Extraordinary Appeals (Recurso Extraordinário in Portuguese) when judgements of second instance courts violate the constitution. The STF is the last instance for the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
and for reviews of judgments from the STJ.
The superior courts do not analyze any factual questions in their judgments, but only the application of the law and the constitution. Facts and evidences are judged by the courts of second instance, except in specific cases such as writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
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Graduation: law school
There are over 1160 universities offering law school, more than 95% attendanceSee also
- Legal systems of the worldLegal systems of the worldThe legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
- Order of Attorneys of BrazilOrder of Attorneys of BrazilThe Order of Attorneys of Brazil is the Brazilian Bar association, founded in 1930. It is an organization of lawyers and responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília, Federal District...
- South America Life Quality Rankings - Law and Justice