The Judiciary of Brazil is the group of public entities designated by the
Brazilian constitution
The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...
to carry out the country's judicial functions.
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
's
1988 constitution has adopted a
tripartite separation of powers, with a Legislative power, an Executive power, and a Judiciary power. Aside from those, the country also has the
Public Ministry which acts autonomously and has in the past been referred to as the country's fourth branch.
In terms of jurisdiction, the main division is between Common Justice ( pt, Justiça Comum) and Specialized Justice ( pt, Justiça Especializada). Common Justice, composed of Federal and State Justices (and the
Federal District's own Justice), handles most civil and criminal cases. Specialized Justice, composed of Electoral, Military and Labor Justices, handles more specialized cases which also have their own specific procedures.
The Constitution divided the Judiciary in nine organizations: the
Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
( pt, Supremo Tribunal Federal or "STF"); the
National Justice Council
The National Justice Council ( pt, Conselho Nacional de Justiça ) is an organ of the Brazilian Judicial System created in 2004 by a Constitutional Amendment, as a part of the Judicial Reform. The 15-member Council was established in 2004 by the 45 ...
( pt, Conselho Nacional de Justiça or "CNJ"); the
Superior Court of Justice ( pt, Superior Tribunal de Justiça or "STJ"); the
Superior Labour Court ( pt, Tribunal Superior do Trabalho or "TST"); the
Regional Federal Courts
The Regional Federal Courts (in Portuguese, ''Tribunais Regionais Federais'', commonly called TRFs) are the courts of appeal of . They represent the second instance courts of the Brazilian Federal Justice system and are responsible not only for ap ...
( pt, Tribunais Regionais Federais or "TRFs") and Federal Judges; the Labor Courts and Judges; the Electoral Courts and Judges, the Military Courts and Judges; and the Courts and Judges of the
States,
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 Territories. There is no judicial organization on the
Municipality
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
level.
Supreme Federal Court
The
Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
(''Supremo Tribunal Federal'') is the highest body of the Brazilian Judiciary. Its main responsibility is to serve as the ultimate guardian of the Brazilian Constitution, with the roles of a
constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. It is composed of eleven ministers.
Its ministers are chosen from citizens between 35 and 65 years of age, with a spotless reputation and notable juridical knowledge, initially suggested by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, with a sabbath through the Commission of Constitution, Justice and Citizenship and then a vote where they must be approved by an
Absolute majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
of all members of the
Brazilian Senate
The Federal Senate ( pt, Senado Federal) is the upper house of the National Congress of Brazil. When created under the Imperial Constitution in 1824, it was based on the House of Lords of the British Parliament, but since the Proclamation ...
to then be properly named by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
.
The jurisdiction of the Court is defined by the constitution and is divided in two groups: matters of original jurisdiction, and matters of appellate jurisdiction. The difference is whether the lawsuit starts in the Court itself or reaches the court through an appeal.
Matters of
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the S ...
are: Direct Unconstitutionality Lawsuits ( pt, Ação Direta de Inconstitucionalidade); Constitunality Declaration Lawsuits ( pt, Ação Declaratória de Constitutionalidade); cases of
Privileged Venue ( pt, "foro privilegiado"); lawsuits between a foreign state or international organization and the Brazilain Federal Government, its
States, 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 Territories, or just between the internal Federal Units themselves and the Federal Government;
Extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...
requests; Injunction Mandates against federal entities; and other specific cases related to the Judiciary and the maintenance of the Court's authority.
Its
appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
involves: Ordinary Appeals of decisions Superior Courts; Extraordinary Appeals ( pt, recurso extraordinário) of decisions of Appellate Courts which violate the constitution, declare unconstitutional a federal law, or involves conflicts between federal law and the laws of
States and
Municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
;
National Justice Council
The historical precedent of the council is the National Council of Magistrature ( pt, Conselho Nacional da Magistratura), created in 1975 with correctional powers over members of Brazilain courts, however without truly interfering in the Judiciary's autonomy. Attempts to increase this control resparked during the Constitutional Assembly of 1988, without success, and again in 1992 within the greater push for Judiciary Reform, finally being put into law 12 years later.
Created by Constitutional Amendment nº 45 of 2004, also known as the Judiciary Reform, the
National Justice Council
The National Justice Council ( pt, Conselho Nacional de Justiça ) is an organ of the Brazilian Judicial System created in 2004 by a Constitutional Amendment, as a part of the Judicial Reform. The 15-member Council was established in 2004 by the 45 ...
( pt, Conselho Nacional de Justiça) has the express purpose of controlling the administrative and financial performance of the Judiciary and the fulfillment of the duties of individual judges.
Its constitutional duties are to watch over the Judiciary's autonomy and the maintenance of the Statue of Magistrature, ensure the constitutional principles of legality, impersonality, morality, publicity and efficiency are followed by the public administration, define aspects of the internal administration of the Judiciary, receive complaints against members of the Judiciary and judge disciplinary procedures against them.
Superior Court of Justice
The
Superior Court of Justice ( pt, Superior Tribunal de Justiça) is the highest Brazilian court for non-constitutional issues concerning both states and Federal ordinary courts, dealing mainly with matters of Common Justice. Its responsibility is to standardize the interpretation of federal in the country's territory.
To achieve this purpose, the Court has a Special Appeal ( pt, Recurso especial) when a judgement rendered by a court of second instance conflicts with a federal
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
disposition or when two or more second instance courts rule differently on the same federal statute.
It also serves a function in Brazil's Privileged Venue, as common crimes committed by State Governors, Appellate Court Judges, and some other positions of higher prestige in Brazil's public service are judged exclusively by the Superior Court, which also is responsible for ''habeas corpus'' and other appeals filed by these public servants.
It is composed of 33 ministers, chosen by the
President of Brazil
The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head o ...
from three choices named by the Court itself, with prospective ministers also having to do a public Sabbath in the Senate in order to finally be named by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, ministers must come from a diverse background, with a third from federal appellate courts, a third from state-level appellate courts, and the last third hailing from the
Public Ministry.
Superior Labour Court
The National Council of Work ( pt, Conselho Nacional do Trabalho), was created in 1923 as a subdivision of the Ministry of Agriculture, Industry and Commerce, as such, it was originally a branch of the Executive Power rather than the Judiciary, it would only be in 1946 that it would be reformed into the
Superior Labour Court ( pt, Tribunal Superior do Trabalho).
Headquartered in
Brasilia, the
Superior Labour Court ( pt, Tribunal Superior do Trabalho) is the highest court for the Labor Justice. It is composed of 27 ministers, named by the
President of Brazil
The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head o ...
after approval by the
Brazilian Senate
The Federal Senate ( pt, Senado Federal) is the upper house of the National Congress of Brazil. When created under the Imperial Constitution in 1824, it was based on the House of Lords of the British Parliament, but since the Proclamation ...
, a fifth of whom must be lawyers or members of the
Public Ministry, with the rest composed of Labor Judges. Its jurisdiction involves appeals from cases already in the
Regional Labor Courts Regional Labor Courts ( pt, Tribunais Regionais do Trabalho) are Brazilian appellate courts of the Federal specialized court system for matters of labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relat ...
and cases regarding its own jurisdiction and the maintenance of its authority.
Regional Federal Courts and Federal Judges
There are five Federal Regional Courts ( - TRF), each covering several
Brazilian states
Brazilian commonly refers to:
* Something of, from or relating to Brazil
* Brazilian Portuguese, the dialect of the Portuguese language used mostly in Brazil
* Brazilians, the people (citizens) of Brazil, or of Brazilian descent
Brazilian may also ...
. They are established by articles 107 and 108 of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. Together with the Federal judges (), the Federal Regional Courts make up the .
Each Federal Regional Court has at least seven judges of the
second instance, named by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, recruited preferably from the region, with at least a fifth of those recruited from lawyers with at least ten years of experience. .
The Regional Court serves mainly as an
Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
for cases from the Judges in the region, whose jurisdiction is defined in articles 108 and 109 of the Brazilian Constitution:
[
* Causes where the federal government, its agencies or enterprises have an interest, with the exception of bankruptcy and ]industrial injury
An occupational injury is bodily damage resulting from working. The most common organs involved are the spine, hands, the head, lungs, eyes, skeleton, and skin. Occupational injuries can result from exposure to occupational hazards (physical, ...
, which are in states' jurisdiction, and also respecting the specific jurisdiction of the labor and electoral courts, which prevails over federal ordinary courts jurisdiction;
* Causes involving foreign governments or recognized international public organization;
* Political crimes;
* Crimes against the labor organization, including slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
(as decided in 2006 by the ''STF'');
* Crimes committed aboard ship
A ship is a large watercraft that travels the world's oceans and other sufficiently deep waterways, carrying cargo or passengers, or in support of specialized missions, such as defense, research, and fishing. Ships are generally distinguished ...
s or aircraft
An aircraft is a vehicle that is able to fly by gaining support from the air. It counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines ...
;
* Foreigners and nationality rights;
* Indigenous peoples
Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
' rights.
As a matter of internal organization, while the Regional Courts involve several States, they are internally divided between the States, with each State
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
having its own Section, headquartered in the Capital, with Subsections defined by law spread over the cities of the State.[
]
Regional Labor Courts and Labor Judges
Together with the Superior Labour Court, the Regional Labor Courts Regional Labor Courts ( pt, Tribunais Regionais do Trabalho) are Brazilian appellate courts of the Federal specialized court system for matters of labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relat ...
and Labor Judges compose the general Labor Justice System of Brazil, with jursidiction over most labor cases, including collective cases regarding Trade Unions
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and Employee ben ...
. They have no jurisdiction over civil servants, except in specific cases at the municipal level and employees of nationalised companies, such as Petrobras
Petróleo Brasileiro S.A., better known by the portmanteau Petrobras (), is a state owned enterprise, state-owned Brazilian multinational corporation in the petroleum industry headquartered in Rio de Janeiro, Brazil. The company's name transla ...
and the Correios.
The first instance is composed of the Labor Judges, organized in specific Labor Courts ( pt, Varas do Trabalho, present in most major cities, with jurisdiction to receive most complaints from individual workers, often without the need of a lawyer, and also judge administrative matters concerning labor law. Exceptionally, when there is no Labor Court, cases of labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
can be presented to the local judge.
The second instance is composed of the Regional Labor Courts Regional Labor Courts ( pt, Tribunais Regionais do Trabalho) are Brazilian appellate courts of the Federal specialized court system for matters of labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relat ...
, organized in 22 regions over the country, most of those receiving a specific State
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
, these Courts have jurisdiction over collective complaints on the state-level and also appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
over cases handled by the local judges.
The Regional Labor Courts Regional Labor Courts ( pt, Tribunais Regionais do Trabalho) are Brazilian appellate courts of the Federal specialized court system for matters of labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relat ...
are composed of at least seven judges, unofficially given the title of ''Desembargador'', recruited preferably from the local region, of whom a fifth must be lawyers with at least ten years of experience or members of the Labor Public Ministry, similarly to other Regional Courts, they are named by the President of Brazil
The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head o ...
with approval from the Brazilian Senate
The Federal Senate ( pt, Senado Federal) is the upper house of the National Congress of Brazil. When created under the Imperial Constitution in 1824, it was based on the House of Lords of the British Parliament, but since the Proclamation ...
.
Electoral Courts and Judges
The Brazilian Electoral system is controlled by the country's Judiciary, specifically the Regional Electoral Courts
Regional Electoral Court ({{Lang-pt, Tribunal Regional Eleitoral) is a level of the electoral court system in Brazil. The regional courts are in charge of elections at the state level.
Responsibilities
The functioning of the regional electoral cou ...
( pt, Tribunais Regionais Eleitorais), the Superior Electoral Court
The Superior Electoral Court ( pt-BR, Tribunal Superior Eleitoral, TSE) is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court ( pt-BR, Tribunal Regional Eleitoral, TRE) in each of the 26 states ...
( pt, Tribunal Superior Eleitoral) and electoral judges, notably it does not have its own magistrature, being composed for the most part of magistrates from other Courts and the Judiciary.
The Superior Electoral Court is composed of seven members, three chosen from the ministers of Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
, two chosen from ministers of the Superior Court of Justice and two chosen from lawyers indicated by the Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
and named by the President of Brazil
The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head o ...
. Its jurisdiction involves the registry of Brazilian Policital Parties, the organization of Electoral Zones, the maintenance of its authority and its appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
over decisions of the Regional Courts
The Regional Courts are distributed through the country's State capitals, each composed of seven judges, two chosen from the second-instance State Courts, two chosen by the State Courts from the first-instance judges, one judge of the Regional Federal Court headquartered in the State's capital, or if there isn't, a Federal Judge, the last two are named from six lawyers of notable juridical knowledge indicated by the local State Court.
These Courts have jurisdiction over the registry of the Municipal and State Directories of Brazilian Political Parties, candidates to the positions of Governor, Vice-Governor, and Federal and Local Congressmen, the Courts organize the local Electoral Juntas, designating their headquarters and jurisdiction, have the duty to maintain their authority with a provision to call upon federal assistance, and also serve as an appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
to judgements made by Electoral Judges.
The Electoral Judges are the State and Federal District first instance judges, their jurisdiction involves processing and judging common and electoral crimes, except those of jurisdiction of the Superior or Regional Courts, issue Electoral IDs and grant Electoral Transfer, take action to prevent illicit actions during elections.
Finally, the Electoral Juntas are composed of a Judge, who serves as president of the Junta, and two to four citizens with honest reputation. These Juntas are in charge of solving challenges and incidents regarding the counting of votes and issue Diplomas to the candidates elected in municipal elections.
Military Courts and Judges
The Military Justice system is divided between the Federal Military Justice and the State Military Justice, the first is in charge of matters concerning the Brazilian Armed Forces
The Brazilian Armed Forces ( pt, Forças Armadas Brasileiras, ) are the unified military forces of the Federative Republic of Brazil. Consisting of three service branches, it comprises the Brazilian Army (including the Brazilian Army Aviatio ...
, while the second one has jurisdiction over the Auxiliary Forces, composed of the States' Military Police
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear recon ...
and Military Firefighters Corps
In Brazil, the Military Firefighters Corps ( pt, Corpo De Bombeiros Militar) are military public security forces, responsible for civil defense, firefighting and search and rescue inside the federative units. Since 1915, it has been a military ...
.
The State Military Justice is organized on the State-level, with the first instance having a few particularities in regard to the officers rank and post, as the Auxiliary Forces do not have Generals, and the second instance being either a State-level Court of Military Justice or a specific board within the State's ordinary Court of Justice.
The first instance of the Federal Military Justice are the Councils of Justice, formed by a Military Judge and four officers, whose positions and rank depend on the accused, Councils are divided between Special Councils, with jurisdiction over officers and Permanent Councils, with jurisdiction over those of Enlisted rank
An enlisted rank (also known as an enlisted grade or enlisted rate) is, in some armed services, any rank below that of a commissioned officer. The term can be inclusive of non-commissioned officers or warrant officers, except in United States m ...
( pt, Praças).
The second instance of the Federal Military Justice is the Superior Military Court
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
Brazil's 1988 constitution has adopted a tripartite separation of powers, with a Legislative power, ...
( pt, Superior Tribunal Militar), which acts as an appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
for the Councils of Justice and also for specific appeals from the second instance of the State Military Justice.
Courts and Judges of the States, Federal District and Territories
Trial courts
Each state territory is divided into judicial districts ( pt, comarca
A ''comarca'' (, or , or ) is a traditional region or local administrative division found in Portugal, Spain and some of their former colonies, like Brazil, Nicaragua, and Panama. The term is derived from the term ''marca'', meaning a "march, ...
), which are composed of one or more municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
. Each judicial district has at least one trial court ( pt, Vara) that functions as a court of first instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
for most cases. In large judicial districts with two or more trial courts, there may be Small claims courts as well as specialized courts by subject, such as courts handling exclusively criminal cases or family litigation
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriage, ...
. Judgments from the trial courts can be the subject of judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
following appeals to the Courts of Justice.[
Each court of first instance has a judge and may have a substitute judge. The judge decides alone in civil cases and most criminal cases, except that a ]jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
has jurisdiction over willful crimes against life (murder, attempted murder, infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of reso ...
, abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
and inducement, instigation and assistance to suicide).
Courts of Justice
The highest court of a state judicial system is the Court of Justice ( pt, Tribunal de Justiça). EachBrazilian state
The federative units of Brazil ( pt, unidades federativas do Brasil) are subnational entities with a certain degree of autonomy (self-government, self-regulation and self-collection) and endowed with their own government and constitution, which ...
has only one Court of Justice, headquartered in the State's capital, functioning mostly as an appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
. Second instance judgments are usually rendered by three judges, called ''desembargadores'', however in specific cases the decision may be made by a single Judge. Large courts are usually divided into different sections, specialized by subject matter.
See also
* Federal courts of Brazil The federal court system of Brazil has all its organs and competences listed and defined in the Brazilian 1988 Constitution. The National Justice Council is an exclusively administrative organ of the federal court system.
Courts
*Supreme Federal Co ...
* Judiciary of Portugal
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty ( Presid ...
* Law of Brazil
The law of Brazil is based on statutes and, partly and more recently, a mechanism called ''súmulas vinculantes''. It derives mainly from the civil law systems of European countries, particularly Portugal, the Napoleonic Code and the Germanic la ...
* Ministry of Justice (Brazil)
The Ministry of Justice and Public Security ( pt, Ministério da Justiça e Segurança Pública), previously known as Ministry of Justice ( pt, Ministério da Justiça) and Ministry of Justice and Citizenship ( pt, Ministério da Justiça e Cida ...
References
External links
Supremo Tribunal Federal
Conselho Nacional de Justiça
Superior Tribunal de Justiça
{{Judiciaries of South America