Meaning of the Judiciary (What it is, Concept and Definition)

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Judiciary is one of the three powers of the state which is assigned the judicial function, that is, the administration of justice in society, through compliance with judicial and constitutional norms and laws.

The Judiciary or Judicial Power it is made up of ministers, judges, prosecutors and judges, who have the obligation to judge actions or situations that do not fit with the laws created by the Legislative power and approved by Executive power, or with the rules of the Constitution of the country.

The main function of the Judiciary Branch is to defend the rights of each citizen, promoting justice and solving the likely conflicts that may arise in society, through investigation, investigation, judgment and punishment.

However, this power is not solely centralized in the hands of the judiciary. The Brazilian Federal Constitution guarantees alternative means to which all citizens can resort, such as: Public Prosecutor's Office, Public Defender's Office and private lawyers (duly registered with the Portuguese Bar Association Brazil - OAB).

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The idea of ​​the model of three powers (Legislative, Executive and Judiciary), which forms the Brazilian Democratic State, was proposed by the French politician and philosopher Montesquieu, in his study of the Modern State, through the "theory of the separation of powers".

In most contemporary democratic regimes, the Judiciary is subdivided into bodies that work in specific areas, such as: Federal Court of Justice; Superior Justice Tribunal; Federal Regional Courts; Labor Courts; Electoral Courts and Military Courts.

In turn, these bodies are responsible for dealing with different situations or issues, which can be classified into:

  • civilians: conflicts between individuals (every citizen) and legal entities (companies, institutions, etc.).
  • criminal: related to the most varied types of crimes (murder, kidnapping, robbery, etc.).
  • Elections: related to electoral campaigns and elections.
  • labor: conflicts between employees and employers in the field of work.
  • Federal: cases directly related to or concerning the administration and political organization of the country.
  • Military: involving the Armed Forces - Air Force, Navy and Army.

Learn more about three powers.

Superior Justice Tribunal

O Superior Court of Justice (STJ) is responsible for the execution of justice throughout the national territory. It works in partnership with the Federal Justice Council, with the mission of overseeing the entire justice system in the country.

Superior Electoral Court

O Superior Electoral Court (TSE) must ensure and organize elections for public political office and the exercise of rights politicians, based on electoral legislation and in partnership with the Regional Courts Elections.

See also the meanings of Power, Legislative power, Jurisdiction and political act.

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