Gilberto de Mello Nogueira Abdelhay Júnior

JUDICIAL STRUCTURE AND THE RELATION OF THE JUDICIAL POWER

WITH OTHER POWERS AT THE FEDERATIVE REPUBLIC OF BRAZIL

TABLE OF CONTENTS

1.Definition2.Structure3.Functions4.Garantees5.Independence6.Control7.Composition8.Relation between Powers

DEFINITION• The Judicial Power principal function is to

provides jurisdiction, which consists in the powerof applying, by mean of the due process, the lawto a certain conflict.

• Otherwise, the decision applyed has thecharactheristic of being definitive and inforcedby the state.

• The Judicial Power is just one, even thouth it isdivided, for operacional reason, in federal andstate level and in comom and specializedjustices.

• The Judicial Power just acts when provoquedand has de characteristic of inforcing itsdecisions.

STRUCTURE• The Federative Republic of Brazil is a legal

Democratic State that has as fundamental objectives:

a) to build a free, just and solidary society;b) to garantee nacional development;c) to erradicate poverty and substandart

living conditions and to reduce social andregional inequalities;

d) to promote the well being of all, withoutprejudice as to assure general wellfare, withoutprejudice related to origin, race, sex, color, age and any other form of discrimination.

The Federative Republic of Brazil is formed by indissolubleUnion of the States, Municipalities and the Federal District.

BRAZILIANFEDERATION

UNIONSTATES/FEDERAL

DISTRICTMUNICIPALITIES

BRASILIAN FEDERATION

Union

States/Federal District

Municipalities

Rio Grande do Sul

Santa Catarina

Paraná

São Paulo

Minas Gerais

Espírito Santo

Rio de Janeiro

Distrito Federal

Bahia Sergipe

Alagoas

Pernambuco

Paraíba

Rio Grande do Norte Ceará

Piauí

MaranhãoParáAmazonas

Mato Grosso

Rondônia

AcreAcre

Roraima Amapá

Tocantins

Goiás

Mato Grossodo Sul

The union is divided on tree diferent governmentpowers: Legislative, Executive and Judicial, whichworks with independence and harmoniously among

themselves .

UNION

Executive Legislative Judicial

The states are also based on tree diferentgovernment powers, the same that apears at theunion level, reproducing the nacional division ofpower.

STATES

Executive Legislative Judicial

At the municipalities exists only two diferentgovernment powers, which are the legislative and theexecutive.At local level justice is provided by judges thatintegrates the Judicial Power on Nacional and Statelevel.

MUNICIPALITIES

Executive Legislative

UNION/STATES

Executive Legislative Judicial

MUNICIPALITIES

Executive Legislative

The Constitution establishes on the article 60, paragraph4º, that shall not be considered any proposal ofamendment which is aimed at abolishing:

a) the federative form of state;b)the direct, secret, universal and periodic vote;c)the separation of the Government powers;d) individual rights and garantees

The Judicial Power is composed by the following courts:

a) Supreme Federal Court – which is theconstitucional court;

b) Superior Court of Justice – which is the court that garantees de aplication of Federal laws;

c) Superior Labor Court – Which is the court thatdecides, on higher level, cases of labor;

d) Superior Electoral Court – Which is the court that rules elections and decides, on higher level, cases related to it;

e) Superior Military Court – which is the court thatdecides, on higher level, cases related to the army, thenavy and the air force;

f) Federal Regional Courts and Federal Judges –Which decides matters envolving the Union and federal crimes;

g) Regional Electoral Courts and ElectoralJudges – Which decides matters related to elections;

h) Courts of Justice and Judges of de State –Which decides all cases that are not defined as federal cases;

i) Special Courts- filled by togated judges, or by togated and lay judges, with powers for conciliation, judgement and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases established in law, the settlement and judgement of appeals by panels of judges of first instance.

j) Regional Labor Courts and Labor Judges –Which decides matters concerning to labor;

l) Military Courts and judges instituted by law –Which decides cases envolving military questions;

m) Nacional Concil of Justice – Which fiscalize the administrative and financial decisions of the courts, exception made to the Supreme Court. The National Council of Justice is not a court itself, but is part of the judicial system. It oversees the administrative and financial workings of the judicial system and ensures that members of the judiciary properly execute their responsibilities.

STF

STJ TST STMTSE

CNJ

TRE

Electoral

Judges

TRFs TJs

Federal

Judges

Judges of

the State

TRT

Labor

Judges

Military

Courts

‘

Administrative

Judicial

JUDICIALPOWER

FEDERALLEVEL

STATELEVEL

Issues related to labor, military, election, international nationsand cases envolving the Union

All the demands that, by law, are not defined as federal cases. For example: family matters, obrigations, contracts, civil responsability, state cases andorthers

FUNCTIONS• The Judicial Power principal function is to provide

jurisdiction.

• Allthought, it happens of the Judicial Power practicingsome functions which are not properly compreehendedin the idea of jurisdiction, such as: producing its oninternal and operational rules; proposing projects of lawconcerning the judicial organization, administrating its onstaff, etc (article 96 of the Federal Constitution).

• When the Judicial Power provides jurisdiction it isexecuting its tipical function. When the Judicial Power isexecuting other functions, such as those indicatedabove, it is doing a not tipical function.

GARANTEESJudges enjoy the following garantees:

a) life tenure, which, at first instance, shall only beacquired after two years in office, loss of office beingdependent, during this period, on deliberation of thecourt to which the judge is subject, and, in other cases, on a final and unappealable judicial decisions;

b) irremovability, save for reason of public interest;

c) irreducibility of compensation.

INDEPENDENCEThe courts have exclusive competence for:

a) elect their directive bodies and to draw up theirinternal regulations;

b) to organize their secretaries and auxiliary services;

c) to fill, under the terms of the Constitution, offices ofcarreer judges within their respctive jurisdiction;

d) to propose de criation of new courts;

e) to fill, by means of tests, the offices required for theadministration of justice;

f) to grant leave, vacations and other absences to their members and to the judges and employees who are immediately subordinated to them;

g) to propose to the respective Legislative Power theinitiative of laws concerning: alteration in the number ofmembers of the lower courts, creation and abolishmentof offices and the remuneration of their members, criation and abolishment of lower courts and alteration ofjudicial organization and division;

h) the judicial power is ensured of administrative andfinancial autonomy.

CONTROLThe control can happens on tree major areas:

a) administrative and financial – whitch is done bythe Nacional Concil of Justice, by the Audit Courts and, bythe Public Prosecution;

b) judicial – that happens through the institute of“appeal” and by the claim established at the article 103-A, § 3º of the Constitution;

c) personal posture – judges shall act in agreementwith the Statue of the Judicature and to control that thereis, in each court, one Corregidor-Judge.

COMPOSITION1) Supreme Federal Court – 11 justices, chosen fromamong citzens over thirty-five and under sixty five years ofage, of notable juridical learning and spotless reputation. The Justices of the Supreme Court are appointed by thePresident of the Republic, after their nomination has beenapproved by the absolute majority of the Federal Senate;

2) Superior Court of Justice – 33 justices also appointedby the Presidente of the Republic;

3) Superior Labor Court – 27 Justices appointed by thePresidente of the Republic;

4) Superior Electoral Court – 7 Justices, being 3 Justices of the Supreme Federal Court, 2 Justices of the Superior Court of Justice and 2 lawyers appointed by the President ofthe Republic

5) Superior Military Court – 15 Justices appointed by thePresident of the Republic, three which shall be chosen fromamong General Officers of the Navy, three among General Officers of de Army, three among General Officers of de AirForce and five among the civilians;

6) Federal Regional Courts and Regional Labor Court s –are composed by a minimum of seven judges, selected, whenever possible, in the respective region and nominated by thePresident of the Republic form among Brazilians over 30 andunder 65 years age;

7) Regional Electoral Courts – 7 Justices, being two electedamong judges of the Court of Justice, two elected amongcourt judges, one judge of the Federal Regional Court andtwo Lawers appointed by the President of the Republic

8) Nacional Concil of Justice – 15 members over 35 and under 66 years of age, appointed by a two-year termoffice, as disposed at article 103-B of the Constitution;

9) Courts of the States – the States shall organize theirjudicial system , observing the principles established inthe Constitution.

Relations between Powers1 – The Judicial Power deals with the Legislative in orderto provides the approval of the laws which are of itsinitiative;

2 – The Executive Power provides the financial resources which are needed to operate the Judicial

Power.

THE END

THANKS