The Supreme Federal Court (Portuguese: Supremo Tribunal Federal, [suˈpɾẽmu tɾibuˈnaw fedeˈɾaw], 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 constitutional issues and its rulings cannot be appealed. On cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.
Although the constitutional norms that regulated the creation of the court allowed Deodoro da Fonseca, Brazil's first president, to nominate an entirely new court, the president chose to nominate as the first members of the Supreme Federal Court the ministers who were then serving as members of the predecessor imperial court.
Two hundred members have served on the court. The Constitution of 1891 decided that the court would have 15 members. When Getúlio Vargas came into power, the number of members was reduced to 11. The number was changed to 16 in 1965, but returned to 11 in 1969 and has not changed since. Of all presidents of Brazil, only Café Filho never nominated a minister.
All judicial and administrative meetings of the Supreme Court have been broadcast live on television since 2002. The court is open for the public to watch the meetings.
On 8 January 2023, the building was attacked by supporters of the former president, Jair Bolsonaro.[1]
Functions
Alongside its appeal competence, mostly by the Extraordinary Appeal (Recurso Extraordinário), the Court has a small range of cases of original jurisdiction, including the power of judicial review, judging the constitutionality of laws passed by the National Congress, through a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade, or ADI). There are also other mechanisms for reaching the Court directly, such as the Declaratory Action of Constitutionality (Ação Declaratória de Constitucionalidade, or ADC) and the Direct Action of Unconstitutionality by Omission (Ação Direta de Inconstitucionalidade por Omissão or ADO).
Case law
In May 2009 The Economist called the Supreme Federal Court "the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution (...) till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year."[2]
Overruling seems to be frequent in SFC jurisprudence: "three years ago when the STF adopted the understanding that defendants who have a conviction upheld by a single appellate court may be sent to jail to begin serving their sentences. (...) The 2016 decision happened largely due to a change in opinion from Justice Gilmar Mendes (...). He had voted against sending defendants to jail after a single failed appeal in 2009, but changed his mind in 2016. Jump to 2019, and the circumstances – both political and judicial – have changed".[3]
President and Vice-President of the Court
The president and vice-president of the court are elected by their peers for a two-year term by secret ballot. The incumbent president is Rosa Weber.
Re-election for a consecutive term is not allowed. By tradition, the most senior minister who has not yet served in the presidential role is elected as the president by the court members, to avoid politicisation of the court.
If all currently sitting members have already served in the presidential role, the rotation starts all over again. However, due to vacancies caused by the compulsory retirement age and subsequent appointment of new ministers, it is very rare for the cycle to be ever completed. Some ministers are forced to retire before their turn for the presidency arrives, as was expected to happen with Teori Zavascki.
According to the same convention, the minister who is next in the line of succession for the presidency will serve as the vice-president for the time being. Also by tradition, the elections of the president and vice-president are never unanimous, there being always one isolated minority vote in each election, as the ministers who are to be elected never cast their votes for themselves; such votes are cast either for the dean of the court—its most senior member—or for some other elder minister that the one to be elected admires and wants to pay homage to.
The eleven judges of the court are called Ministers (Ministro), although having no similarity with the government body of ministers. They are appointed by the president and approved by the Senate. There is no term length but a mandatory retirement age of 75.[6]
Former president of the Court. President of the Court. Vice-President of the Court.
Prosecutor of Public Prosecutor's Office of Rio de Janeiro (1979–1982), judge of the state of Rio de Janeiro (1983–1997), desembargador of the Justice Court of the state of Rio de Janeiro (1997–2001), minister of STJ (2001–2011)
^Nicas, Jack; Spigariol, André (8 January 2023). "Bolsonaro Supporters Lay Siege to Brazil's Capital". The New York Times. ISSN 0362-4331. Retrieved 12 January 2023.
^"Brazil's supreme court: When less is more". The Economist. 21 May 2009.
^Recondo, Felipe; Seligman, Felipe (5 November 2019). . Americas Quarterly. Archived from the original on 10 November 2019.
^Brazilian Constitution 21 January 2012 at the Wayback Machine(in Portuguese)
^"Brazil Supreme Court selects Luiz Fux as next chief justice". Reuters. 25 June 2020.{{cite news}}: CS1 maint: url-status (link)
^"Composição Atual" (in Brazilian Portuguese). Supremo Tribunal Federal. Retrieved 21 March 2017.
^"Pastas dos ministros" (in Brazilian Portuguese). Supremo Tribunal Federal (STF). Retrieved 21 March 2017.
External links
Wikimedia Commons has media related to Supreme Court of Brazil.
Official website
(in Portuguese)
January 13, 2023
supreme, federal, court, portuguese, supremo, tribunal, federal, suˈpɾẽmu, tɾibuˈnaw, fedeˈɾaw, abbreviated, supreme, court, court, last, resort, brazil, serving, primarily, constitutional, court, country, highest, court, brazil, constitutional, issues, ruling. The Supreme Federal Court Portuguese Supremo Tribunal Federal suˈpɾẽmu tɾibuˈnaw fedeˈɾaw 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 constitutional issues and its rulings cannot be appealed On cases involving exclusively non constitutional issues regarding federal laws the highest court is by rule the Superior Court of Justice Supreme Federal CourtSupremo Tribunal Federal Portuguese The Supreme Federal Court building at the Praca dos Tres Poderes Three Powers Plaza Established10 May 1808 214 years ago 1808 05 10 LocationBrasilia Federal District BrazilCoordinates15 48 08 S 47 51 43 W 15 80222 S 47 86194 W 15 80222 47 86194 Coordinates 15 48 08 S 47 51 43 W 15 80222 S 47 86194 W 15 80222 47 86194Composition methodPresidential nomination with Senate confirmationAuthorized byConstitution of BrazilAppeals fromState Courts of JusticeJudge term lengthUntil aged 75Number of positions11Websiteportal wbr stf wbr jus wbr brPresidentCurrentlyRosa WeberSince12 September 2022Vice PresidentCurrentlyLuis Roberto BarrosoSince12 September 2022 Contents 1 History 2 Functions 3 Case law 4 President and Vice President of the Court 5 Current members 6 Gallery 7 See also 8 Notes 9 References 10 External linksHistory Edit The Justice by Alfredo Ceschiatti in front of the Supreme Federal Court The court was inaugurated during the colonial era in 1808 the year that the royal family of Portugal the House of Braganza arrived in Rio de Janeiro It was originally called the House of Appeals of Brazil Casa de Suplicacao do Brasil The proclamation of the Brazilian Declaration of Independence and the adoption of the Imperial Constitution in 1824 preceded the establishment of the Supreme Court of Justice Supremo Tribunal de Justica in 1829 With the first Constitution of the Republic the current court was established Although the constitutional norms that regulated the creation of the court allowed Deodoro da Fonseca Brazil s first president to nominate an entirely new court the president chose to nominate as the first members of the Supreme Federal Court the ministers who were then serving as members of the predecessor imperial court Two hundred members have served on the court The Constitution of 1891 decided that the court would have 15 members When Getulio Vargas came into power the number of members was reduced to 11 The number was changed to 16 in 1965 but returned to 11 in 1969 and has not changed since Of all presidents of Brazil only Cafe Filho never nominated a minister All judicial and administrative meetings of the Supreme Court have been broadcast live on television since 2002 The court is open for the public to watch the meetings On 8 January 2023 the building was attacked by supporters of the former president Jair Bolsonaro 1 Functions EditAlongside its appeal competence mostly by the Extraordinary Appeal Recurso Extraordinario the Court has a small range of cases of original jurisdiction including the power of judicial review judging the constitutionality of laws passed by the National Congress through a Direct Action of Unconstitutionality Acao Direta de Inconstitucionalidade or ADI There are also other mechanisms for reaching the Court directly such as the Declaratory Action of Constitutionality Acao Declaratoria de Constitucionalidade or ADC and the Direct Action of Unconstitutionality by Omission Acao Direta de Inconstitucionalidade por Omissao or ADO Case law EditIn May 2009 The Economist called the Supreme Federal Court the most overburdened court in the world thanks to a plethora of rights and privileges entrenched in the country s 1988 constitution till recently the tribunal s decisions did not bind lower courts The result was a court that is overstretched to the point of mutiny The Supreme Court received 100 781 cases last year 2 Overruling seems to be frequent in SFC jurisprudence three years ago when the STF adopted the understanding that defendants who have a conviction upheld by a single appellate court may be sent to jail to begin serving their sentences The 2016 decision happened largely due to a change in opinion from Justice Gilmar Mendes He had voted against sending defendants to jail after a single failed appeal in 2009 but changed his mind in 2016 Jump to 2019 and the circumstances both political and judicial have changed 3 President and Vice President of the Court EditThe president and vice president of the court are elected by their peers for a two year term by secret ballot The incumbent president is Rosa Weber Re election for a consecutive term is not allowed By tradition the most senior minister who has not yet served in the presidential role is elected as the president by the court members to avoid politicisation of the court If all currently sitting members have already served in the presidential role the rotation starts all over again However due to vacancies caused by the compulsory retirement age and subsequent appointment of new ministers it is very rare for the cycle to be ever completed Some ministers are forced to retire before their turn for the presidency arrives as was expected to happen with Teori Zavascki According to the same convention the minister who is next in the line of succession for the presidency will serve as the vice president for the time being Also by tradition the elections of the president and vice president are never unanimous there being always one isolated minority vote in each election as the ministers who are to be elected never cast their votes for themselves such votes are cast either for the dean of the court its most senior member or for some other elder minister that the one to be elected admires and wants to pay homage to The chief justice is also the 4th in the presidential line of succession when the president of Brazil becomes prevented to be in charge being preceded by the vice president the president of the Chamber of Deputies and the president of the Federal Senate as provided in Article 80 of the Brazilian Constitution 4 On 25 June 2020 Luiz Fux was elected as the next chief justice to serve a two year term that began on 10 September 5 Current members EditThe eleven judges of the court are called Ministers Ministro although having no similarity with the government body of ministers They are appointed by the president and approved by the Senate There is no term length but a mandatory retirement age of 75 6 Former president of the Court President of the Court Vice President of the Court Order ofantiquity Minister M Born date and state Appointed by Age at inauguration Initial date inauguration Limit date retirement Main previous functions1 Gilmar Ferreira Mendes 30 December 1955 in Mato Grosso Cardoso 46 20 June 2002 30 December 2030 Prosecutor of the Republic 1985 1988 deputy chief for Legal Issues of the Chief of Staff 1996 2000 Attorney General of the Union 2000 2002 2 Enrique Ricardo Lewandowski 11 May 1948 in Rio de Janeiro Lula 57 16 May 2006 11 May 2023 Lawyer 1974 1990 judge from Criminal Arres Court of Sao Paulo 1990 1997 desembargador of Justice Court of the State of Sao Paulo 1997 2006 professor of State law in Law School University of Sao Paulo USP 2003 2006 3 Carmen Lucia Antunes Rocha 19 April 1954 in Minas Gerais Lula 52 21 June 2006 19 April 2029 Attorney of the State of Minas Gerais 1983 2006 4 Jose Antonio Dias Toffoli 15 November 1967 in Sao Paulo Lula 41 23 October 2009 15 November 2042 Lawyer 1991 2009 deputy chief for Legal Issues of the Chief of Staff 2003 2005 Attorney General of the Union 2007 2009 5 Luiz Fux 26 April 1953 in Rio de Janeiro Rousseff 57 3 March 2011 26 April 2028 Prosecutor of Public Prosecutor s Office of Rio de Janeiro 1979 1982 judge of the state of Rio de Janeiro 1983 1997 desembargador of the Justice Court of the state of Rio de Janeiro 1997 2001 minister of STJ 2001 2011 6 Rosa Maria Weber Candiota da Rosa 2 October 1948 in Rio Grande do Sul Rousseff 63 19 December 2011 2 October 2023 Labor judge 1976 1991 judge of Regional Labor Court TRT 4th Region 1991 2006 minister of TST 2006 2011 7 Luis Roberto Barroso 11 March 1958 in Rio de Janeiro Rousseff 55 26 June 2013 11 March 2033 Lawyer 1981 2013 Attorney of the State of Rio de Janeiro 1985 2013 8 Luiz Edson Fachin 8 February 1958 in Rio Grande do Sul Rousseff 57 16 June 2015 8 February 2033 Lawyer 1980 2015 Attorney of the State of Parana 1990 2006 9 Alexandre de Moraes 13 December 1968 in Sao Paulo Temer 48 22 March 2017 13 December 2043 Prosecutor of the Public Prosecutor s Office of the state of Sao Paulo 1991 2002 lawyer of public law 2010 2014 minister of Justice and Public Security 2016 2017 10 Kassio Nunes Marques 16 May 1972 in Piaui Bolsonaro 48 5 November 2020 16 May 2047 Desembargador of the Regional Federal Court of the 1st Region 2011 2020 11 Andre Luiz de Almeida Mendonca 27 December 1972 in Sao Paulo Bolsonaro 48 16 December 2021 27 December 2047 Attorney General of the Union 2019 2021 Minister of Justice and Public Security 2020 Notes M Names in bold are the names used in social denomination 7 Gallery Edit Justices of the Supreme Court in 2006 The Supreme Court in session The courtroom of the Supreme Federal Court Supreme Federal Court at night The Supreme Court lit up in pink for Breast Cancer Awareness Month on October 29 2020See also EditBrazil federal courts List of Ministers of the Supreme Federal Court Brazil Tribunal de JusticaNotes EditReferences Edit Nicas Jack Spigariol Andre 8 January 2023 Bolsonaro Supporters Lay Siege to Brazil s Capital The New York Times ISSN 0362 4331 Retrieved 12 January 2023 Brazil s supreme court When less is more The Economist 21 May 2009 Recondo Felipe Seligman Felipe 5 November 2019 Brazil s Supreme Court Used to Terrify Politicians Not Anymore Americas Quarterly Archived from the original on 10 November 2019 Brazilian Constitution Archived 21 January 2012 at the Wayback Machine in Portuguese Brazil Supreme Court selects Luiz Fux as next chief justice Reuters 25 June 2020 a href Template Cite news html title Template Cite news cite news a CS1 maint url status link Composicao Atual in Brazilian Portuguese Supremo Tribunal Federal Retrieved 21 March 2017 Pastas dos ministros in Brazilian Portuguese Supremo Tribunal Federal STF Retrieved 21 March 2017 External links Edit Wikimedia Commons has media related to Supreme Court of Brazil Official website Photo 360 of Supreme Federal Court GUIABSB in Portuguese Retrieved from https en wikipedia org w index php title Supreme Federal Court amp oldid 1133284768, wikipedia, wiki, book, books, library,
