Misplaced Pages

#970029

51-795: The 15-member Council was established on December 31, 2004, by the 45th Amendment to the Constitution of Brazil , and inaugurated on June 14, 2005. The President of the Council is the President of the Supreme Federal Court . The idea of the National Council of Justice began as an initiative of the President of the Republic in 1977 with Constitutional Amendment 7 which amended the 1967 Constitution . The initiative added

102-524: A complaint against members or bodies of the Judiciary, including auxiliary services, registry offices, and notary publics and registration services that operate under delegated or officialized public authority. No attorney is required to petition the CNJ. The council is made up of 15 members with a two-year term of office, reelection being permitted, as follows: The President of the National Council of Justice

153-507: A court of cassation, or in review of any judicial decision, and in particular it is excluded from jurisdiction on questions of constitutionality. Further, the Supreme Federal Court (STF) defined the jurisdiction of the CNJ as being below that of the STF, thus placing the STF at the top of the hierarchy of the Brazilian judiciary, and placing all acts and decisions of the Council as subject to

204-429: A lawyer". Roberto Campos , economist, ex-senator and Minister of Planning of Brazil in the early years of the military dictatorship noted that "The OAB has achieved the feat of being mentioned three times in what he defines as the "besteirol Constitution" of 1988. According to him, "it's perhaps the only case in the world where a club of professionals has enshrined the constitutional text." The Constitution of Brazil

255-579: A minister. All judicial and administrative meetings of the STF 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 . Alongside its appeal competence, mostly by the Extraordinary Appeal ( Recurso Extraordinário ), the Court has a small range of cases of original jurisdiction , including

306-546: A reserved percentage of jobs in public service and large companies, and Afro-Brazilians to seek reparation for racism in court. Breaking with the authoritarian logic of the previous Constitution, it made unbailable crimes those of torture and of actions directed against the democratic state and the constitutional order , thus creating constitutional devices to block coups d'état of any kind. The Constitution also established many forms of direct popular participation besides regular voting, such as plebiscite, referendum and

357-617: A slow judicial system. Brazil has the 30th slowest judiciary among 133 countries, according to the World Bank . This has caused the judiciary to use provisional arrests as an advance of the sentence. In 2015 more than 40% of prisoners in Brazil were provisional. A World Bank study criticized the 1988 Federal Constitution for extending the privileges of civil servants, aggravating income inequality in Brazil. Remuneration and retirement are disproportionately high according to studies. In 2015,

408-607: Is also the Chief Justice of the Supreme Federal Court (STF), who is nominated by their peers to a two-year term. Among the rights and duties of council members established by the Constitution (art. 103-B, § 4) and the Internal Regulations (arts. 4, 17, and 18) are, among others: This article about government in Brazil is a stub . You can help Misplaced Pages by expanding it . This article relating to

459-547: Is composed of nine titles, subsequently divided into chapters and then articles. The articles are in turn divided into short clauses called incisos (indicated by Roman numerals ) and parágrafos (indicated by numbers followed by §). The Constitution refers to the country as "the Union". The preamble to the Federal Constitution is a brief introductory statement that sets out the guiding purpose and principles of

510-465: Is criticized by some. Some criticize an alleged excessive power granted to the Order of Attorneys of Brazil by the Constitution. Brazilian philosopher and journalist Hélio Schwartsman considers that the 1988 Constitution conferred "disproportionate powers" on lawyers such as "appointing judges, writing laws, proposing direct actions of unconstitutionality, defining who can and who cannot become

561-467: Is the supreme court (court of last resort) of Brazil , serving primarily as the country's Constitutional Court . 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 . The current court was preceded by

SECTION 10

#1732772521971

612-489: Is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. The current Constitution of Brazil was drafted as a reaction to the period of military dictatorship , and sought to guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life. Among

663-541: The Brazilian Empire 's supreme court. With the fall of the monarchy and Brazil's first Republican Constitution , 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

714-777: The Executive , the Legislative and the Judiciary , and lists the nation's main goals. One of the most important excerpts from this title is in Article 1, single paragraph, stating: All power emanates from the People, who exercise it through elected representatives or directly, under this Constitution. Title 2 states the Fundamental Safeguards. It ensures basic rights to all citizens and foreigners residing in

765-546: The autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's 6th republic, also known as the New Republic (Nova República). Made in the light of the Brazilian transition to democracy , it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools. The 1988 Brazilian Constitution

816-422: The citizens' initiative . Examples of these democratic mechanisms were the 1993 plebiscite concerning the form of government, where the presidential system was confirmed, and the 2005 firearms and ammunition referendum . The mention of God in the preamble of the Constitution (and later on the Brazilian currency) was opposed by most leftists as incompatible with freedom of religion because it does not recognize

867-502: The law of Brazil is a stub . You can help Misplaced Pages by expanding it . Constitution of Brazil Recent elections The Constitution of the Federative Republic of Brazil ( Portuguese : 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 federal government of Brazil . It replaced

918-585: The "Conselho Nacional da Magistratura" to article 112, and added a new section III, article 120 about the Conselho. It was made up of seven members of the STF, chosen by the STF itself with the participation of the Prosecutor General of the Republic for a two-year term. This was later regulated by complementary Law 35/1979 (Organic Law of the Judiciary - LOMAN). It had a disciplinary function, with national jurisdiction over complaints against members of

969-414: The Brazilian state, in 2017, to have stakes in more than 650 companies, involved in one-third of the national GDP. This model also created restrictions for the performance of foreign companies in several fields with harmful consequences for the country's growth. In the view of some scholars, this economic model favors patrimonialism and corruption . The Constitution is also responsible for creating

1020-486: The Country, prohibits capital punishment , defines citizenship requirements , political rights , among other regulations. Title 3 regulates the state organization. It establishes Brasília as the nation's capital, describes the rights and duties of the states, the municipalities, as well rules for the public staff. Title 4 is about the branches of government. It describes the attributes for every government branch, and

1071-508: The Federal Supreme 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." Overruling seems to be frequent in STF jurisprudence: "three years ago when

SECTION 20

#1732772521971

1122-816: The House of Appeals of Brazil (Casa de Suplicação do Brasil), which was inaugurated during the colonial era on 10 May 1808, the year that the Portuguese royal family (the House of Braganza ) arrived in Rio de Janeiro after fleeing to Brazil . The Brazilian proclamation of Independence and the adoption of the Imperial Constitution in 1824 preceded the establishment of the Supreme Court of Justice ( Supremo Tribunal de Justiça ) in 1829, which served as

1173-591: The Judiciary, judging disciplinary proceedings, and improving practices and expediency, publishing biannual statistical reports on jurisdictional activity throughout the country. Furthermore, the CNJ develops and coordinates several national programs prioritizing areas such as the Environment, Human Rights, Technology, and Institutional Management. Among these are public judicial policies addressing violence against women, reintegrating former prison inmates, promoting of appropriate conflict resolution methods, increasing

1224-499: The Privileged Forum expired. Also criticized is the requirement of unappealable transit for the execution of the sentence. For Judge Sergio Moro , waiting for the final judgment will contribute to impunity. According to Minister Teori Zavascki after confirming a second sentence, one could no longer speak of the principle of non-culpability, since "the exceptional remedies, for the superimposition courts, do not boast

1275-400: 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 Minister 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

1326-456: The ability to review facts and evidence". In the electoral aspect, the Constitution adopted the mandatory vote. Among the 15 largest economies in the world, Brazil is the only country in which voting is mandatory. A 2014 survey showed that the mandatory vote is rejected by 61% of Brazilians. Some question whether it is democratic to compel people to vote. The Constitution adopted the social democratic model of State organization, as defined by

1377-411: The circumstances – both political and judicial – have changed". The President of the STF and its Vice President are elected by their peers for a two-year term by secret ballot . The incumbent president is Minister Luís Roberto Barroso. Reelection 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

1428-624: The columnist for the newspaper O Estado de S. Paulo Luiz Sérgio Henriques . For professor and lawyer Marco Aurélio Marrafon , president of the Brazilian Academy of Constitutional Law, the 1988 Brazilian Magna Carta organized the State according to the Welfare State model, in which it is intended to reconcile "the liberal component of preservation of individual rights and limitation of state power, with direct economic intervention and

1479-418: The control of the STF. In other words, the oversight role of the Council does not include the acts and members of the STF, but does include everything else below it. The STF confirmed (in sumula 649) that the Council has national scope, and that the states are barred from creating a local judiciary control body that is outside the framework of the national judiciary. Any citizen can contact the Council to file

1530-423: 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

1581-565: The courts, and personnel issues such as retirement and benefits. The question of jurisdiction arose, regarding independence of the judiciary, but didn't go anywhere, and the Council was seen as only a general internal affairs office. During the period of redemocratization in Brazil , the question arose again, with the Afonso Arinos Commission, supported by the Brazilian Bar Association , which proposed

National Council of Justice - Misplaced Pages Continue

1632-479: The creation of an external control "Council" with administrative and oversight duties. However, the proposal failed in the face of pressure from the national judiciary, which named fears about judicial independence, breach of the separation of powers, and absence of similar bodies in the executive or legislative branches. In 1992, the debate was taken up once again, this time in the National Congress , at

1683-684: 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 the Republic 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

1734-566: The document. The text reads: We, the representatives of the Brazilian People, assembled in the National Constituent Assembly to institute a Democratic State for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, based on social harmony and committed, in

1785-544: The efficiency of judicial services, formulating and executing national judicial policies and acting in the promotion and dissemination of best practices. According to the Constitution, the CNJ is responsible for safeguarding the autonomy of the Judiciary and ensuring compliance with the Statute of the Judiciary, defining plans, goals, and institutional evaluation programs for the Judiciary, receiving complaints, electronic petitions, and representations against members or bodies of

1836-502: The federal government's deficit associated with the retirement of the approximately 1 million government employees was greater than the total registered with 33 million private pensioners. For the World Bank, civil servants are among the richest fifth of the Brazilian population. For Roberto Brant , the Federal Constitution was captured by groups of civil servants in 1988. Philosopher Fernando Schüler maintains that Brazil went against

1887-414: The grain in the 1980s: "While the world tried to adjust the State to globalization and modernize public management, Brazil bet on a super bureaucratic state in the 1988 Constitution. We offer rigid stability in the employment for civil servants, we mix careers of State with common careers of the public service, we create the law of biddings, we cast the budgets and we eliminate any space for the meritocracy in

1938-547: The internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil. Title 1 is devoted to the fundamental principles of the Union. It describes the States , the municipalities and the Federal District as the indissoluble constituents of the Union. It also establishes three independent, harmonic government branches:

1989-467: The ministers who were then serving as members of the imperial court that preceded it. Two hundred members have served on the court. The Constitution of 1891 provided 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 and Carlos Luz (acting) never nominated

2040-895: The nation's budget. Title 7 rules the economic activities in the country, the agricultural and urban policies, as well the state monopolies. Title 8 is about the social order. It establishes the Social Security system, the Public Health system, the Public Pension system, among regulations concerning education, culture, science and technology, and sports policies. Title 9 encompasses general constitutional dispositions. Among those, there are sparse regulations, as well as transitional dispositions. Supreme Federal Court Recent elections The Federal Supreme Court ( Portuguese : Supremo Tribunal Federal , [suˈpɾẽmu tɾibuˈnaw fedeˈɾaw] , abbreviated STF )

2091-655: The new constitutional guarantees are the errand of injunction and the habeas data . It also anticipated the existence of a Consumers' Defence Code (enacted in 1990), of a Children's and Youth Code (1990) and of a new Civil Code (2002). It was the first constitution to demand severe punishment for breaches of civil liberties and rights. Consequently, Brazil later approved a law making the propagation of prejudice against any minority or ethnic group an unbailable crime. This law provided legal remedy against those who spread hate speech or those who do not treat all citizens equally. This second aspect helped disabled people to have

National Council of Justice - Misplaced Pages Continue

2142-671: 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). In May 2009 The Economist called

2193-417: The productivity of judges and courts, late paternity recognition, adoption of children and adolescents, among others. The role of the CNJ is purely constitutional-administrative, with financial and disciplinary control of the judiciary, but without any legislative or jurisdictional authority. It is thus forbidden to act in any way that would innovate new legal theories (ADI 3367). It is also forbidden to act as

2244-423: The promotion of public policies, in order to redistribute resources and reduce social inequalities." In order to finance the Welfare State, it was necessary to raise the tax burden, which went from 23.4% of GDP in 1988, to 33.6% of GDP in 2005, and to link budget revenues. Thus, the Union reached 93% of mandatory spending in 2017, decreasing the room for maneuver by the government and affecting investments. This option

2295-560: The public area." For jurist Modesto Carvalhosa , only a new "principiological" constitution would end the privileges of the 1988 Constitution. The Federal Constitution of 1988 is also criticized for having adopted one of the broadest Special Forums in the world, which jurists argue encourage corruption. A quarter of the actions with a Privileged Forum take more than ten years to be judged. The Supreme Federal Court takes 1,300 days to judge criminal actions by persons with privileged jurisdiction. Between 2001 and 2017, 200 actions involving

2346-400: The rights of polytheists such as some indigenous peoples or of atheists . The Supreme Federal Court has ruled that this commission of the protection of God was not unconstitutional since the preamble of the constitution is simply an indication of principles that serves as an introduction to the constitutional text and reflects the ideological conceptions of the legislator, falling within

2397-406: The rules for amendments to the Constitution as well. Title 5 regulates the defense of the State and its democratic institutions. It rules the deployment of the armed forces , the national security baselines, and declaration of state of emergency . Title 6 comprises taxation and the nation's budget. It disposes on budget distribution among the Union's components and their competencies, and

2448-477: The same time as the Judiciary Reform ( Reforma do Judiciário ). After a lot of back-and-forth, constitutional amendment 45 was finally approved in 2004, and the CNJ was inaugurated on June 14, 2005, expanding the original disciplinary function of the Conselho, and adding administrative and planning functions. The oppositional theory that the CNJ was unconstitional because of breach of judicial independence

2499-519: The scope of political ideology and not of the Law. The Federal Constitution of 1988 is criticized in the doctrine for being very extensive, long-winded, and analytical. This characteristic forced the Constitution to be amended several times, in politically costly processes, to adapt to changes in society Another criticism is that the 1988 Federal Constitution reproduces a model of state capitalism , expanding state monopolies and regulations, which allowed

2550-467: 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

2601-549: Was quashed by the STF, which ruled, in ADI 3.367, that because it does not judge any case nor have any jurisdiction over the day-to-day operation of the judiciary, there was no such issue of breach of judicial independence. Recent elections The National Council of Justice is a body of the Judiciary of Brazil whose goal is to improve the work of the Brazilian judicial system, mainly with regard to control and administrative and procedural transparency. In addition, it seeks to prioritize

SECTION 50

#1732772521971
#970029