 |
Composition
and structure
Numbers of
members :
A minimum of thirty-three (33) Ministros; since the inception of
the STJ in 1989, the number has been kept at the minimum level.
Recruitment
procedures and incompatibilities :
According to the Federal Constitution, the Superior Tribunal de
Justiça occupies the second place in the Judiciary system,
the top place belonging to the Supremo Tribunal Federal, which is
the constitutional court.
Prospective members of the STJ must be Brazilian, more than thirty-five
(35) and less than sixty-five (65) years old, possess deep knowledge
of the law and irreproachable reputation. They are appointed by
the President of the Republic, previous approval by the Senate.
One-third of them must be chosen among judges of Federal Regional
Tribunals and one-third among judges of State Courts whose names
appear on a list, prepared by the Superior Tribunal de Justiça,
of three candidates for each vacancy; the remaining third is made
up, in equal parts, of lawyers and members of the federal and States'
Ministério Público (Public Prosecutor's Office), chosen
from a six-name list prepared by the representative bodies of their
respective constituencies and narrowed down by the STJ to a three-name
list.
Internal
organization :
The jurisdictional responsibilities of the STJ are entrusted to
the Special Court (Corte Especial), three Sections (Seções)
and six Subsections (Turmas).
On the Special Court sit the President, the Vice-President, the
General Coordinator of the Federal Justice and the six senior Ministros
of each Seção. It deals with the most important cases
involving authorities such as State Governors, federal judges and
members of the Judiciary branch.
The Seções, of ten (10) Ministros each, are divided
into two Subsections (Turmas), with five (5) Ministros each. The
1st Seção is responsible for public law matters, such
as those concerning civil servants (federal or State), expropriations,
and so on. The 2nd Seção takes on private law cases,
such as contracts, family matters, inheritances and commercial law.
The 3rd Seção judges matters of penal law, namely,
habeas corpus, petitions for court injunctions against acts of federal
government ministers, as well as matters of public and private law
falling outside the scope of the other Seções.
In accordance with article 119 of the Constitution, two members
of the STJ (and two appointed as their eventual substitutes) sit
on the Superior Electoral Tribunal (Tribunal Superior Eleitoral).
Publications
:
Revista do STJ (monthly)
Boletim de Julgados (monthly)
Boletim do STJ (fortnightly)
Ementário de Jurisprudência do STJ (every four months)
At the beginning of each year the President presents to the Plenary
a report on the Tribunal's activities the previous year; its text
is made available at the internet site.
back
to top
Court
functions
Jurisdiction
:
The STJ is the major organ of federal and State common Justice,
its rôle being to zeal for the authority and uniform interpretation
of federal law. It is the court of last resort for civil, penal,
administrative, fiscal and commercial matters.
Organization
of the courts system :
The highest court in Brazil is the Supremo Tribunal Federal, which
is the constitutional court and also has competence over the special
branches of the Judiciary (military, electoral and labour).
Federal legislation is applied by federal and State courts; thus
the need for judicial organs that ensure adherence to the Federal
Constitution and watch over the use and uniform interpretation of
federal law.
Lawsuits are first presented to federal or State judges. Appeals
are directed to Federal Regional Tribunals or State Courts.
There are five Federal Regional Tribunals, one State Court for each
State and one for the Federal District and Territories. Sentences
from these Tribunals and Courts may be appealed to the Supremo Tribunal
Federal in the case of a constitutional matter, or to the STJ in
the case of infra-constitutional matters.
Powers of
the judge :
The Superior Tribunal de Justiça has powers of cassation.
It may confirm a decision of a lower court, give a new decision
contrary to that of the lower court or send the matter back if in
its view a procedural mistake has occurred.
back
to top
Advisory
functions
Existence and
extent of an advisory authority; Authority and publicity of advisory
opinions: these do not exist in the case of the STJ. In Brazil,
the sole tribunals to issue advisory opinions are the Superior Electoral
Tribunal and the Union's Court of Accounts (Tribunal de Contas da
União); the latter is not part of the Judiciary Power, as
it reports directly to the National Congress.
back
to top
|
