Federal Supreme Court (STF) is the body that represents the highest instance of the Judicial power in Brazil. It acts as a defender of the Federal Constitution, acting as the supreme court of Brazil, judging cases of constitutionality and unconstitutionality, in addition to acting as the last instance of appeal. There is no appeal against the decisions of the STF.
This court is made up of 11 ministers, all appointed by a Brazilian president and approved after a hearing held in federal Senate. Within the STF there is a president, elected in an internal election for a two-year term, and two groups, composed of five justices. Brazilian law determines the compulsory retirement of STF ministers when they reach 75 years of age.
Read too: What is the function of the federal deputy?
Topics of this article
- 1 - Summary on the Federal Supreme Court (STF)
- 2 - What is the Federal Supreme Court?
- 3 - What is the function of the STF?
- 4 - How is the STF composed?
- 5 - How are STF justices chosen?
Summary about the Federal Supreme Court (STF)
The Federal Supreme Court is the highest instance of the Brazilian Judiciary.
It is located in Praça dos Three Powers, in Brasilia.
Its function is to act as a supreme court, in addition to acting as the last appeal.
It is composed of 11 ministers who are chosen by the elected presidents of Brazil.
Justices of the STF are obliged to retire when they turn 75.
What is the Federal Supreme Court?
The Federal Supreme Court (STF) is the highest instance of the Judiciary at the Brazil, acting simultaneously as the supreme court of Brazil and as a last resort that can be used in some situations. In that case, the decision taken by the Supreme Court is final, and there is no opening to appeal against it.
Thus, the top of the judicial system in our country is the Federal Supreme Court, and its primary role is to act as guardian of federal Constitution, since it is the function of the STF to promote measures that guarantee respect for the Constitution in the actions of the Executive power It's from Legislative power, judging actions of constitutionality and unconstitutionality.
The Federal Supreme Court is composed of 11 ministers who are elected for life. The members of the STF can propose laws that must be debated and voted on by the Legislative, as long as these laws have some relationship with the Judiciary. In addition, the STF is formed by a president and for two classes, each with five justices, and the president of the STF does not participate in any of them.
The seat of the Federal Supreme Court is located at Praça dos Três Poderes, in Brasília. The ministers that make up the STF can remain in the job until the age of 75, being obliged to retire from that age.
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What is the role of the Supreme Court?
The existence of the STF is a demonstration of the tripartition of existing powers here in Brazil. Through this feature, our country divides power into three instances, each with its competence and with the obligation to monitor the other powers, preventing abuses of power from taking place.
Therefore, as the highest instance of the Judiciary, it is the duty of the STF to carry out actions to prevent abuses of powercommitteds by members of other powers. It is an existing way in our political system to prevent the accumulation of power and the establishment of potential authoritarian governments.
Thus, the STF demands from ordinary citizens, but mainly from established authorities, that Brazilian laws be respected. Therefore, it is the role of the STF to intervene, for example, if the Federal Government approves a decree that determines measures that go against the Federal Constitution, that is, unconstitutional measures.
When this happens, the STF must intervene, determining that the unconstitutional measure loses its validity. The same goes for laws passed by the legislature that are unconstitutional. If that happens, it is the role of the STF to overturn the law, as a way of ensure respect à Constitution. The STF can also start the process of impeachment on one presidentand the republic, if it is proven that he took unconstitutional actions.
How is the STF composed?
The STF is composed of 11 ministers, one of which and the president of the Supreme — chosen by an internal election —, who occupies the position for two years without the right to be re-elected. The President of the STF, in February 2023, was Minister Rosa Weber, and the mandate is expected to last until September 2024.
In addition, the STF has two classes composed of five ministers each, and each of these classes has a president. Their role is to act in minor cases, thus avoiding the need for the 11 ministers to act in cases of lesser impact, being able to concentrate the total number of ministers in more significant cases.
The STF, as well as the Senate and the Chamber of Deputies, has a Plenary, that is, a place where the 11 ministers meet to discuss the cases in question and to hold votes. in plenary only issues considered to be of greater importance are discussed.
See too: What is federal intervention?
How are STF justices chosen?
The nomination of a person to hold the position of Minister of the STF is a competence exclusiveThedO President of Republic, although the nomination of the president must be accepted by the Federal Senate. When a minister retires, either compulsorily or on his own initiative, the president must appoint a replacement.
The choice of the new minister by the president must be based on some criteria, that are:
being Brazilian born;
be between 35 and 65 years old;
have an unblemished reputation;
Possess notable legal knowledge.
Thus, the president's nominee must be a person of unblemished reputation, that is, an ethical person, who has not been involved in illicit practices. In addition, the person must have a recognized knowledge of the legal field, in addition to having a professional career in this area.
After the president appoints the new minister of the STF, the person is forwarded to the Senate, where will pass a sabbath so that the senators determine the approval or rejection of the President's nominee. The first stage is held at the Senate Constitution and Justice Commission, and, if approved, the nominee is taken to the plenary, where his nomination will be put to a vote by the 81 senators.
Until 2023, the Senate rejected the nomination of STF ministers five times, and all of them took place during the government of Floriano Peixoto (1891-94).
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