The Justice of the Peace is a judge, not public exam, which can perform specific functions, the best known being the civil marriage celebration.
For this reason, much of the work carried out by these professionals takes place within the Civil Registry Office.
As they are not judges with mandatory training in the area of Law, they are also called lay judges.
What does a Justice of the Peace do?
According to the law, the Justice of the Peace exercises functions related to the performance of the civil marriage and only he can celebrate a wedding.
In addition to this function, he is also responsible for verifying the procedures and documents related to the couple's qualification, as is the case with the procedures prior to the marriage.
Read more about the wedding.
The role of the Justice of the Peace in law
Pursuant to Complementary Law No. 35/79 (Organic Law of the National Judiciary), the Justice of the Peace belongs to the Temporary Justice of the Peace, which exists to take care of the authorization processes and execution of weddings.
According to the Federal Constitution, conciliation procedures can also be carried out in the Justice of Peace. However, this activity does not have a legal character.
How to become a Justice of the Peace?
In Brazil, the forms of admission for the position vary from place to place. In some states, vacancies are filled by selection, in others it may be by appointment.
For example: in the Federal District, candidates for the position are nominated by the Corregidor and the nomination is made by the president of the State Court of Justice. In other states, such as Rio de Janeiro, it is necessary to apply for selection at the State Court of Justice.
To find out how to become a Justice of the Peace in a particular region, it is necessary to consult the information provided by the Court of Justice of the corresponding State.
What is the salary of a Justice of the Peace?
As with the form of selection for the position, a Justice of the Peace's salary can also vary from location to location. The value for each region is determined in a state law.
Elections for the post of Justice of the Peace
It is interesting to know that the Federal Constitution of 1988 provides that the Justices of the Peace must be chosen through the performance of direct elections, as it happens for other positions. The foreseen vote must be direct, universal and secret and the term of office of the elected judges must last four years.
But since the publication of the Constitution, these elections have never taken place. Since that date and still today - in most Brazilian states - positions are filled through nominations made by the presidents of the State Courts of Justice.
