Courts and Judiciary in Brazil

Introduction

The Brazilian judiciary (Poder Judiciário) is an independent branch of government organized at both federal and state levels. The 1988 Federal Constitution established a comprehensive judicial structure that includes specialized courts for labor, electoral, and military matters, with the Supreme Federal Court (STF) at the apex of the system. The judiciary plays a robust role in Brazilian public life, exercising broad powers of constitutional review and adjudicating disputes across all areas of law.

Structure of the Judiciary

Supreme Federal Court

The Supreme Federal Court (Supremo Tribunal Federal, STF) is the highest court in Brazil, primarily responsible for constitutional review. Composed of 11 justices (ministros) appointed by the President with Senate confirmation, the STF serves as: (i) the guardian of the Constitution; (ii) the final appellate court for constitutional matters; and (iii) the court of first instance in cases involving senior officials.

The STF operates through: (i) the Plenary Court (Plenário), with all 11 justices, for constitutional cases and abstract review; (ii) two Panels (Turmas), each with 5 justices, for ordinary appeals; and (iii) individual justices (relatores), who review cases in preliminary proceedings.

Superior Court of Justice

The Superior Court of Justice (Superior Tribunal de Justiça, STJ) is the highest appellate court for federal law other than constitutional matters. Composed of 33 ministers appointed by the President, the STJ has jurisdiction over cases involving uniform interpretation of federal legislation. It is organized into three sections — Public Law (Direito Público), Private Law (Direito Privado), and Criminal Law (Direito Penal) — each comprising two panels.

Specialized Courts

The 1988 Constitution establishes three specialized court systems:

• Labor Courts (Justiça do Trabalho): Headed by the Superior Labor Court (TST), with 27 ministers, and comprising Regional Labor Courts (TRTs) and Labor Judges. Jurisdiction covers individual and collective labor disputes.

• Electoral Courts (Justiça Eleitoral): Headed by the Superior Electoral Court (TSE), composed of STF and STJ ministers and jurists. Responsible for electoral administration and dispute resolution.

• Military Courts (Justiça Militar): Headed by the Superior Military Court (STM), composed of military and civilian judges. Jurisdiction over military criminal offenses.

Federal Courts

The Federal Courts (Justiça Federal) adjudicate cases involving the Union, federal autarchies, and federal public enterprises. The system includes: (i) the Federal Regional Courts (TRFs), currently 5 regions; and (ii) Federal Judges (Juízes Federais) at first instance. Constitutional Amendment 73/2013 created four additional TRFs (6th through 9th Regions), though their implementation has been delayed.

State Courts

Each of the 26 states and the Federal District has its own Court of Justice (Tribunal de Justiça, TJ), comprising desembargadores (appellate judges). The state court system adjudicates all matters not within federal jurisdiction, including civil, criminal, family, and probate cases.

Judicial Independence and Governance

Constitutional Guarantees

The 1988 Constitution guarantees judicial independence through: (i) life tenure (vitaliciedade), acquired after two years; (ii) irreducibility of compensation (irredutibilidade de subsídios); and (iii) irremovability (inamovibilidade), except by judicial decision.

National Council of Justice

The National Council of Justice (Conselho Nacional de Justiça, CNJ), created by Constitutional Amendment 45/2004, oversees the administrative and financial operations of the judiciary. Composed of 15 members (including judges, prosecutors, lawyers, and civil society representatives), the CNJ monitors judicial conduct, ensures transparency, and implements management policies.

Career Judiciary

Brazil follows a civil law model of career judiciary (magistratura de carreira). Entry is through public competitive examination (concurso público), with promotions based on seniority and merit. The career ladder progresses from substitute judge to presiding judge of a court.

Jurisdiction and Procedure

Ordinary and Special Jurisdiction

The judiciary exercises ordinary jurisdiction (jurisdição comum) over all matters not constitutionally assigned to specialized courts. Cases proceed through first instance, appellate courts, and the superior courts (STJ and/or STF).

Precedent System

The 2015 Civil Procedure Code introduced a system of binding precedents (sistema de precedentes), requiring lower courts to follow decisions of: (i) the STF in abstract review (súmula vinculante); (ii) the STF and STJ in repetitive appeals (recursos repetitivos); and (iii) the STF in general repercussion (repercussão geral) decisions.

Conclusion

The Brazilian judiciary is a complex, multi-layered institution that plays an essential role in democratic governance. The 1988 Constitution strengthened judicial independence and expanded access to justice. The 2004 Judicial Reform (EC 45/2004) and the 2015 Civil Procedure Code modernized judicial administration and introduced precedent mechanisms designed to enhance efficiency and uniformity. Despite challenges of case volume and procedural delays, Brazilian courts exercise robust powers in protecting rights and reviewing government action.