O Judicial power It is one of three powers of public administration. It is the power that has the function of guaranteeing respect for the rights of Brazilian citizens, and must always intervene when there is flagrant disrespect; enforce the law by imposing punishments on those who commit crimes; and resolve conflicts, whether between citizens or between citizens and the State.
Read too: Democratic State of Law — the conception that foresees as a duty of the State the promotion of social well-being
Topics of this article
- 1 - Summary of the Judiciary
- 2 - What is the Judiciary?
- 3 - How does the Judiciary work?
- 4 - What are the bodies of the Judiciary?
- 5 - Principle of the three powers
Summary on Judiciary
The Judiciary is one of the three powers that exist in Brazil and are responsible for public administration.
It is the power responsible for ensuring the protection of citizens' rights, resolving conflicts and enforcing laws.
The Judiciary works through the existence of Common Justice and Specialized Justice.
The highest instance of Common Justice is the Federal Court of Justice, located in Brasilia.
Specialized Justice is marked by the existence of specific courts for electoral, military and labor matters.
The existence of the three rotten ones is based on an idea popularized by an Enlightenment thinker named Montesquieu.
The three powers of Brazil are: Executive, Legislative and Judiciary.
What is the Judiciary?
The Judiciary It is one of the three powers responsible for the public administration ofO country and is the power that guaranteeIt is upholding the law and performs your execution, within the limits established by Brazilian legislation. It is the function of the Judiciary to ensure that the rights of Brazilian citizens are respected.
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Furthermore, the Judiciary acts as a mediator for conflict resolution that may arise between citizens, but also in conflicts that occur between citizens and the State. The court's decision, in this case, is considered the measure that must be taken to ensure the end of the conflict.
In the case of punishment for crimes, it is the judiciary that carries out the trial within all legal procedures and establishes a penalty as defined in Brazilian law. It is the duty of the Judiciary to act whenever it identifies disrespect for the rights of the population and the Federal Constitution.
Due to the principle of the three powers, the Judiciary is considered an independent power, having complete autonomy, administrative and financial, to function and exercise its function.
How does the Judiciary work?
The Judiciary is formed by Common Justice and Specialized Justice:
Specialized Justice: It is responsible for dealing with specific matters in the following three areas: labor, military and electoral. All these specific demands are dealt with by their own courts linked to the Superior Labor Court, Superior Military Court and Superior Electoral Court, their highest instances.
Common Justice: has competence to act in subjects that are not related to the specific areas presented. The Common Court is composed of the Federal and State courts, with regional courts and federal courts. These courts and tribunals deal with matters that are not dealt with by the Specialized Justice. The State Justice is divided into two instances, the first being composed of judges of law and the jury courts. The decisions of the first instance can be questioned and taken to the second instance, composed of judges.
See too: Human Rights — a category of rights guaranteed to each and every human being
What are the organs of the Judiciary?
The organization of the Judiciary in our country is found in Constitution of 1988, which lists the organs of the Judiciary in its article 92:
-
I – the Federal Supreme Court;
I-A – the National Council of Justice;
II – the Superior Court of Justice;
III – the Federal Regional Courts and Federal Judges;
IV – Labor Courts and Judges;
V – the Electoral Courts and Judges;
VI – Military Courts and Judges;
VII – the Courts and Judges of the States and of the Federal District and Territories.
Within the scope of Federal Justice, the highest instance is occupied by the Federal Supreme Court, the STF, considered the Supreme Court of Brazil and located in Brasilia. It is composed of 11 ministers, who debate issues related to the Federal Constitution, acting as its defender, in addition to being able to act in the judgment of authorities with privileged jurisdiction. Justices of the STF occupy the position for life and are appointed by the president. His confirmation in office takes place after the approval of the senators, through a public hearing.
Another important body of Federal Justice is the National Council of Justice., which administers the courts, acts to guarantee the autonomy of the Judiciary and promotes the inspection of magistrates who work in these courts. The CNJ also receives complaints from the population against magistrates who act inappropriately.
Principle of the three powers
The three-power principle is a political principle that is adopted by our country and a range of other countries today. This principle was consolidated with Enlightenment thought, mainly due to the influence of Montesquieu. Through this principle, public administration is divided into three powers, each independent and autonomous.
This principle, in carrying out such a division,preventslet there be concentration of power and that a ruler O accumulate. Thus, each of the powers has its autonomy, being hierarchically equated and being able to monitor each other's action.
This division of powers is an essential criterion for the organization of Brazil, and our Constitution does not allow its abolition, although it does allow for its alteration. The three powers of our country are as follows: Power Executive, Power LegislativeIt isPower judiciary.
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By Daniel Neves Silva
History teacher
Would you like to reference this text in a school or academic work? Look:
SILVA, Daniel Neves. "Judicial power"; Brazil School. Available in: https://brasilescola.uol.com.br/politica/poder-judiciario.htm. Accessed on April 13, 2023.
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