Quinto Constitucional, or "Constitutional Fifth", is a rule defined by article 94 of the Brazilian Constitution according to which one-fifth of seats in the
Federal Regional Courts, State Courts, and the
Federal District
A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they e ...
and of the Territories Court are filled by public prosecutors (
Ministério Público), and by lawyers with more than 10 years of professional experience, who then leave their current positions to assume office.
The selection process starts with lists, usually of six members, appointed by the bar association (
OAB) or the Prosecutor's Office, which is pruned to three by vote on the court the appointee is to serve in. The list is then submitted to the head of the executive: The president in the case of Federal Regional Courts and the Federal District and Territories Court, or the respective governor in case of a State Court, who usually appoints the highest voted.
A similar rule applies to the
Superior Tribunal de Justiça
The Superior Court of Justice ( pt, Superior Tribunal de Justiça, also known as ''STJ'', ) is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases. Its comp ...
, where a third of justices are also former public prosecutors and lawyers.
Judiciary of Brazil
Constitution of Brazil
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