Judiciary of Brazil
The Judiciary of Brazil is the Judiciary branch of the Brazilian government. The structure and the division of jurisdiction of the ramifications of the Brazilian Judiciary is defined in the Brazilian Constitution; the system is divided in the ordinary courts and the specialized courts. The specialized courts are kept by the Federal Government and are divided into three areas of practice: the Military courts, the Labor courts and the Electoral courts; the ordinary courts are divided between the States' judiciaries. The Judiciary of the Brazilian Federal District has the same subject-matter jurisdiction of the ordinary state level judiciary over that special territory, but is kept and organized by the Federal Government. Municipalities hold no judicial powers; the system includes two special central Courts that are separate from the other divisions: The Supreme Federal Court and the Superior Court of Justice. Both have headquarters in Brasília; the Supreme Federal Court is the highest Brazilian Judiciary.
Its main responsibility is to serve as the ultimate guardian of the Brazilian Constitution, with the roles of a constitutional court. The most common tool of that Court is the Extraordinary Appeal, granted when judgements of second instance courts violate the Constitution; the Supreme court holds the power to analyze the constitutionality of a federal or state law or statute, thus making it invalid, through the Direct Action of Unconstitutionality. Other original jurisdiction includes the decision over extradition. Members are approved by the federal senate. Together with the Supreme Federal Court functions the National Justice Council. Created in 2004 by the 45th Constitutional Amendment, with headquarters in Brasília, national range actuation, have the objective to exercise administrative control over the Judiciary and coordinating joint actions between the courts, it has some disciplinary powers over judges, but cannot remove them from office, which can only be performed by their own Courts or by final decision on a judicial procedure.
The Superior Court of Justice is the Brazilian highest court in non-constitutional issues concerning both states and Federal ordinary courts. It grants the Special Appeal when a judgement of a court of second instance offends a federal statute disposition or when two or more second instance courts make different rulings on the same federal statute. Other roles include deciding over most jurisdiction conflicts and granting the exequatur to foreign judicial decisions, they are the courts-martial of the Brazilian Armed Forces. It is headed by the Superior Military Court; the courts are integrated by both military members. They have jurisdiction including collective, it has no jurisdiction over civil servants, except some at municipal level and employees of government enterprises that holds private nature, such as Petrobras and the Correios. There are first instance courts in major cities, that deals with laborers individual complains, administrative matters concerning labour law and all issues that are not attributed to higher courts.
The second instance courts are the Regional Labor Courts. They have direct jurisdiction over some matters concerning collective labour law, including solution of conflicts between trade unions and employers and the right to strike; the system is headed by the Superior Labor Court, that functions as the highest appeal Court of non-constitutional issues concerning Labor law. The Electoral court system of Brazil was created in 1932, in the intention to moralize the Brazilian electoral system, it was dissolved in 1937 and reinstalled in 1945, since has been in continuous operation. The existence of that court system is predicted in the Constitution, but the structure and roles defined in the Brazilian Electoral Code of 1964, its typical judicial roles include judging electoral matters, both administrative and criminal, issues concerning political rights. But the peculiarity of that system is some extra judiciary roles, it includes organizing and controlling all official political elections, the proclamation of its result.
The system headed by the Superior Electoral Court, which controls the system, has special responsibilities in defining rules and interpretations for the electoral procedure, judging appeals from Regional Courts. Its headquarters are located in Brasília; each state has a Regional Electoral Court, based in the capital city. It has special responsibilities over state level elections. At local level there are electoral councils; the electoral judges are appointed among state judges and, apart from some individual roles, presides the local electoral council, composed by other four appointed citizens. The Electoral courts have no magistrate career of its own. All judges are designated to serve for a two years term, can be from magistrate careers from ordinary courts systems, or, in the case of Regional and Superior courts, Each state territory is divided into judicial districts, which are composed of one or more municipalities; each judicial district has at least one trial court, that function as a court of first instance for most cases.
In large judicial districts, with two or more trial courts, there are specializations of the courts of first instance in terms of
Federal government of Brazil
The Federal Government of Brazil is the national government of the Federative Republic of Brazil, a republic in South America divided in 26 states and a federal district. The Brazilian federal government is divided in three branches: the executive, headed by the President and the cabinet; the seat of the federal government is located in Brasília. This has led to "Brasília" being used as a metonym for the federal government of Brazil. Brazil is a federal presidential constitutional republic, based on a representative democracy; the federal government has three independent branches: executive and judicial. The Federal Constitution 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. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states, to citizens, to all people within Brazil. Executive power is exercised by the executive, headed by the President, advised by a Cabinet of Ministers.
The President is both the head of government. Legislative power is vested upon the National Congress, a two-chamber legislature comprising the Federal Senate and the Chamber of Deputies. Judicial power is exercised by the judiciary, consisting of the Supreme Federal Court, the Superior Court of Justice and other Superior Courts, the National Justice Council and the regional federal courts; the bicameral National Congress consists of: The Federal Senate, which has 81 seats — three members from each States and the Federal District, elected according to the principle of majority to serve eight-year terms. One-third are elected after a four-year period, two-thirds are elected after the next four-year period. Federal deputies are elected by proportional representation to serve four-year terms. There are no limits on the number of terms; the seats are allotted proportionally to each state's population, but each state is eligible for a minimum of eight seats and a maximum of 70 seats. The result is a system weighted in favor of smaller states that are part of the Brazilian federation.
15 political parties are represented in Congress. Since it is common for politicians to switch parties, the proportion of congressional seats held by particular parties changes regularly. To avoid that, the Supreme Federal Court ruled in 2007 that the term belongs to the parties, not to the representatives. Brazilian courts function under civil law adversarial system; the Judicial branch is organized in federal systems with different jurisdictions. The judges of the courts of first instance take office after public competitive examination; the second instance judges are promoted among the first instance judges. The Justices of the superior courts are appointed by the President for life and approved by the Senate. All the judges and justices must be graduated in law. Brazilian judges must retire at the age of 70; the national territory is divided into five Regions. Each region is divided in Judiciary Sections, coterminous with the territory of each state, subdivided in Judiciary Subsections, each with a territory that may not correspond to the states' comarcas.
The Judiciary subsections have federal courts of first instance and each Region has a Federal Regional Tribunal as a court of second instance. There are special federal court systems, such as Labour Court for labor or employment-related matters and disputes, Election Justice for electoral matters, Military Justice for martial criminal cases, each of them with its own courts. There are two national superior courts that grant writs of certiorari in civil and criminal cases: the Superior Justice Tribunal and the federal supreme court, called the Supreme Federal Court; the STJ grants a Special Appeal when a judgement of a court of second instance offends a federal statute disposition or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts for electoral law and military law; the STF grants Extraordinary Appeals when judgments of second instance courts violate the constitution. The STF is the last instance for the writ of habeas corpus and for reviews of judgments from the STJ.
The superior courts do not analyze any factual questions in their judgments, but only the application of the law and the constitution. Facts and evidences are judged by the courts of second instance, except in specific cases such as writs of habeas corpus. Politics of Brazil Official website of the Presidency of Brazil
2008 Brazilian municipal elections
The Brazilian municipal elections of 2008 were held on October 5 and October 26. Over 130 million voters will choose mayors and city councillors for the 5,565 municipalities of Brazil. Brazilian law allows candidates to run under ballot names different from their legal names. At least six candidates have chosen the ballot name "Barack Obama" and some entrepreneurs use ballot names that make reference to their business
Foreign relations of Brazil
The Ministry of Foreign Affairs is responsible for managing the foreign relations of Brazil. Brazil is a significant political and economic power in Latin America and a key player on the world stage. Brazil's foreign policy reflects its role as a regional power and a potential world power and is designed to help protect the country's national interests, national security, ideological goals, economic prosperity. Between World War II and 1990, both democratic and military governments sought to expand Brazil's influence in the world by pursuing a state-led industrial policy and an independent foreign policy. Brazilian foreign policy has aimed to strengthen ties with other South American countries, engage in multilateral diplomacy through the United Nations and the Organization of American States, act at times as a countervailing force to U. S. political and economic influence in Latin America. Brazil's international relations are based on article 4 of the Federal Constitution, which establishes non-intervention, self-determination, international cooperation and the peaceful settlement of conflicts as the guiding principles of Brazil's relationship with other countries and multilateral organizations.
According to the Constitution, the President has ultimate authority over foreign policy, while Congress is tasked with reviewing and considering all diplomatic nominations and international treaties, as well as legislation relating to Brazilian foreign policy. The Ministry of Foreign Affairs known as Itamaraty, is the government department responsible for advising the President and conducting Brazil's foreign relations with other countries and international bodies. Itamaraty's scope includes political, economic, financial and consular relations, areas in which it performs the classical tasks of diplomacy: represent and negotiate. Foreign policy priorities are established by the President. Brazil's foreign policy is a by-product of the country's unique position as a regional power in Latin America, a leader among developing countries, an emerging world power. Brazilian foreign policy has been based on the principles of multilateralism, peaceful dispute settlement, non-intervention in the affairs of other countries.
Brazil engages in multilateral diplomacy through the Organization of American States and the United Nations, has increased ties with developing countries in Africa and Asia. Brazil is commanding a multinational U. N. stabilization force in Haiti, the MINUSTAH. Instead of pursuing unilateral prerogatives, Brazilian foreign policy has tended to emphasize regional integration, first through the Southern Cone Common Market and now the Union of South American Nations. Brazil is committed to cooperation with other Portuguese-speaking nations through joint-collaborations with the rest of the Portuguese-speaking world, in several domains which include military cooperation, financial aid, cultural exchange; this is done for instance. Lula da Silva visited to Africa included State visits to three Portuguese-speaking African nations. Brazil is strongly committed in the development and restoration of peace in East Timor, where it has a powerful influence. Brazil's political and military ventures are complemented by the country's trade policy.
In Brazil, the Ministry of Foreign Relations continues to dominate trade policy, causing the country's commercial interests to be subsumed by a larger foreign policy goal, enhancing Brazil's influence in Latin America and the world. For example, while concluding meaningful trade agreements with developed countries would be beneficial to Brazil's long-term economic self-interest, the Brazilian government has instead prioritized its leadership role within Mercosul and expanded trade ties with countries in Africa and the Middle East. Brazil's soft power diplomacy involves institutional strategies such as the formation of diplomatic coalitions to constrain the power of the established great powers. In recent years, it has given high priority in establishing political dialogue with other strategic actors such as India, Russia and South Africa through participation in international groupings such as BASIC, IBSA and BRICS; the BRICS states have been amongst the most powerful drivers of incremental change in world diplomacy and they benefit most from the connected global power shifts.
The Brazilian foreign policy under the Lula da Silva administration focused on the following directives: to contribute toward the search for greater equilibrium and attenuate unilateralism. These directives implied precise emphasis on: the search for political coordination with emerging and developing countries, namely India, South Africa and China; the foreign policy of the Rousseff administration sought to deepen Brazi
President of Brazil
The President of Brazil the President of the Federative Republic of Brazil or the President of the Republic, is both the head of state and the head of government of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces; the presidential system was established in 1889, upon the proclamation of the republic in a military coup d'état against Emperor Pedro II. Since Brazil has had six constitutions, three dictatorships, three democratic periods. During the democratic periods, voting has always been compulsory; the Constitution of Brazil, along with several constitutional amendments, establishes the requirements and responsibilities of the president, their term of office and the method of election. Jair Bolsonaro is the current President, he was sworn in on 1 January 2019 following the 2018 presidential election. As a republic with a presidential executive, Brazil grants significant powers to the president, who controls the executive branch, represents the country abroad, appoints the cabinet and, with the approval of the Senate, the judges for the Supreme Federal Court.
The president is the commander-in-chief of the armed forces. Presidents in Brazil have significant lawmaking powers, exercised either by proposing laws to the National Congress or by using Medidas Provisórias, an instrument with the force of law that the president can enact in cases of urgency and necessity except to make changes to some areas of law. A provisional measure comes into effect before Congress votes on it, remains in force for up to 60 days unless Congress votes to rescind it; the 60-day period can be extended once, up to 120 days. If Congress, on the other hand, votes to approve the provisional measure, it becomes an actual law, with changes decided by the legislative branch; the provisional measure expires at the end of the 60-day period, or sooner, if rejected by one of the Houses of Congress. Article 84 of the current Federal Constitution, determines that the president has the power to appoint and dismiss the ministers of state; the Constitution of Brazil requires that a President be a native-born citizen of Brazil, at least 35 years of age, a resident of Brazil, in full exercise of their electoral rights, a registered voter, a member of a political party.
The president of Brazil serves for a term of four years
Law of Brazil
The law of Brazil is based on statutes and and more a mechanism called súmulas vinculantes. It derives from the civil law systems of European countries Portugal, the Napoleonic Code and the Germanic law. There are many codified statutes in force in Brazil; the current Federal Constitution, created on October 5, 1988, is the supreme law of the country. This Constitution has been amended many times. Other important federal law documents in the country include the Civil Code, the Penal Code, the Commercial Code, the National Tributary Code, the Consolidation of Labor Laws, the Customer Defense Code, the Civil Procedures Code and the Criminal Procedures Code; the Constitution organizes the country as a Federative Republic formed by the indissoluble union of the states and municipalities and of the Federal District. Under the principles established in the Federal Constitution, Brazil's 26 federate states have powers to adopt their own Constitutions and laws. Municipalities enjoy restricted autonomy as their legislation must follow the dictates of the Constitution of the state to which they belong, to those of the Federal Constitution itself.
As for the Federal District, it blends functions of federate states and of municipalities, its equivalent to a constitution, named Organic Law, must obey the terms of the Federal Constitution. The powers of the Union, as defined within the Constitution, are the Executive, the Legislative and the Judiciary, which are independent and harmonious amongst themselves; the head of the Executive is the President of the Republic, both the Chief of State and the Head of Government and is directly elected by the citizens. The Legislative, embedded in the form of National Congress and consists of two houses: The Chamber of Deputies and the Federal Senate, both constituted by representatives who are elected by the citizens; the Judicial powers are vested upon the Federal Supreme Court, the Superior Court of Justice, the Regional Federal Courts and Federal Judges. There are specialized courts to deal with electoral and military disputes; the Judiciary is organized into federal and state branches. Municipalities do not have their own justice systems, must, resort to state or federal justice systems, depending on the nature of the case.
The judicial system consists of several courts. The apex is the guardian of the Constitution. Among other duties, it has exclusive jurisdiction to: declare federal or state laws unconstitutional; the Superior Court of Justice is responsible for upholding federal legislation and treaties. The five Regional Federal Courts, have constitutional jurisdiction on cases involving appeals towards the decision ruled by federal judges, are responsible for cases of national interest and crimes foreseen in international pacts, among other duties; the jurisdiction of the Federal Judges include: being responsible for hearing most disputes in which one of the parties is the Union. State-level justice in Brazil consists of state judges; the States of Brazil organize their own judicial systems, with court jurisdiction defined in each state constitution, observing that their legal scope is limited by those that do not concern the federal judicial ordainment. The legislative process begins, in broad terms, with a bill of law in one of the Congress Houses, either the Chamber of Deputies or the Federal Senate, thus called the Originating House.
Once the bill is voted on, it can either be rejected or forwarded to the other house, called the Reviewing House. There the bill can be rejected, approved or amended to be returned to the Originating House. Depending on the object of the bill, it is forwarded for the presidential sanction or veto, as a whole or in part. If the bill is vetoed, the members of the National Congress of Brazil can override such veto. For centuries, as a Portuguese colony, Law enforced in Brazil was the Law of Portugal. Famous students of Brazilian colonial era, among them many revolutionaries, graduated from the important Portuguese University of Coimbra, located in Central Portugal. With the Independence of Brazil and the rise of the Empire, it was necessary to create an independent judiciary and to give its staff a legal education in the country. In 1827, the first law schools in Brazil were founded: the Academies of Law and Social Sciences in São Paulo and Olinda. Brazilian law is derived from Portuguese civil law and is related to the Roman-Germanic legal tradition.
This means that the legal system is based on statutes, although a recent constitutional reform has introduced a mechanism similar to the stare decisis, called súmula vinculante. According to article 103-A of the Brazilian Constitution, only the Supreme Court is allowed to publish binding rules. Inferior judges and courts, the public administration, are hence obliged to obey the interpretations of the Supreme Court. In more recent times, according to the judiciary structure framed in the Brazilian Constitution, judicial power is divided between judicial branch of the states and the Federal judicial branch, they have different jurisdictions; the prerogatives and duties of judges are the same, the differences being only in the competences and composition of the
Vice President of Brazil
The Vice President of Brazil the Vice President of the Federative Republic of Brazil, or the Vice President of the Republic is the second-highest ranking government official in the executive branch of the Government of Brazil, preceded only by the president. The Vice President's primary role is to replace the president on the event of his or her death, resignation, or impeachment, to temporarily take over the presidential powers and duties while the President is abroad, or otherwise temporarily unable to carry out his or her duties; the Vice President is elected jointly with the president as her running mate. The office has existed since the Proclamation of the Republic in 1889, although it was only instituted as of the 1891 Constitution, it has been in place throughout all of Brazil's republican history, save for the fifteen years of the Vargas Era, when it was abolished. The requirements to run for the office of Vice President are those of the Presidency itself. In addition to the ordinary requirements to run for political office in Brazil, under the terms of article 14 of the Constitution, a candidate for the Vice Presidency must be a natural born citizen of Brazil and be at least 35 years of age.
The President and Vice President are elected on a single ticket for a four-year term and are inaugurated on 1 January of the year following that of the election. Both may be re-elected for a subsequent term. If the Vice President succeeds a sitting President, he or she may be reelected for an additional term. However, he or she is not eligible to run for a second full term, as under Brazilian law any partial term counts toward the limit of two consecutive terms; this limit applies whenever the Vice President serves as Acting President when the President is either abroad or suspended from office as a result of impeachment. The Vice President works in an annex building of the Palácio do Planalto; the official residence of the Vice President is the Palácio do Jaburu, inaugurated in 1977. Since the Proclamation of the Republic in 1889, eight Vice Presidents have been called upon to replace former Presidents: four due to death of the incumbent, two due to resignation, two due to impeachment conviction.
List of current vice presidents Vice-Presidency of Brazil Official Website Official vice presidential portrait