Supreme Federal Court

Supreme court of Brazil

Federal Supreme Court

Supremo Tribunal Federal

The Supreme Federal Court Palace on Praça dos Três Poderes

15°48′08″S 47°51′43″W﻿ / ﻿15.80222°S 47.86194°W﻿ / -15.80222; -47.86194
Established| 28 February 1891; 134 years ago (1891-02-28)
Location| Brasília, Federal District, Brazil
Coordinates| 15°48′08″S 47°51′43″W﻿ / ﻿15.80222°S 47.86194°W﻿ / -15.80222; -47.86194
Composition method| Presidential nomination with Senate confirmation
Authorised by| Constitution of Brazil
Appeals from| Superior Courts
State Courts of Justice
Judge term length| Life tenure (mandatory retirement at age 75)
Number of positions| 11
Website| portal.stf.jus.br
President
Currently| Luís Roberto Barroso
Since| 28 September 2023
Vice President
Currently| Luiz Edson Fachin
Since| 28 September 2023
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Flag of the Supreme Federal Court

The Supreme Federal Court (Portuguese: Supremo Tribunal Federal, [suˈpɾẽmu tɾibuˈnaw fedeˈɾaw], abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.

## History

[edit]

The Justice, by Alfredo Ceschiatti in front of the Supreme Federal Court

The current court was preceded by the House of Appeals of Brazil (Casa de Suplicação do Brasil), which was inaugurated during the colonial era on 10 May 1808, the year that the Portuguese royal family (the House of Braganza) arrived in Rio de Janeiro after fleeing to Brazil.

The Brazilian proclamation of Independence and the adoption of the Imperial Constitution in 1824 preceded the establishment of the Supreme Court of Justice (Supremo Tribunal de Justiça) in 1829, which served as the Brazilian Empire's supreme court. With the fall of the monarchy and Brazil's first Republican Constitution, the current court was established.

Although the constitutional norms that regulated the creation of the court allowed Deodoro da Fonseca, Brazil's first president, to nominate an entirely new court, the president chose to nominate as the first members of the Supreme Federal Court the ministers who were then serving as members of the imperial court that preceded it.

Two hundred members have served on the court. The Constitution of 1891 provided that the court would have 15 members. When Getúlio Vargas came into power, the number of members was reduced to 11. The number was changed to 16 in 1965, but returned to 11 in 1969 and has not changed since. Of all Presidents of Brazil, only Café Filho and Carlos Luz (acting) never nominated a minister.

All judicial and administrative meetings of the STF have been broadcast live on television since 2002. The court is open for the public to watch the meetings.

On 8 January 2023, the building was attacked by supporters of the former president, Jair Bolsonaro.[1] On November 13, 2024, a bomb was set off outside the court. The perpetrator was the only fatality.[2]

## Functions

[edit]

Alongside its appeal competence, mostly by the Extraordinary Appeal (Recurso Extraordinário), the Court has a small range of cases of original jurisdiction, including the power of judicial review, judging the constitutionality of laws passed by the National Congress, through a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade, or ADI). There are also other mechanisms for reaching the Court directly, such as the Declaratory Action of Constitutionality (Ação Declaratória de Constitucionalidade, or ADC) and the Direct Action of Unconstitutionality by Omission (Ação Direta de Inconstitucionalidade por Omissão or ADO).

## Case law

[edit]

In May 2009 The Economist called the Federal Supreme Court "the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution (...) till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year."[3]

Overruling seems to be frequent in STF jurisprudence: "three years ago when the STF adopted the understanding that defendants who have a conviction upheld by a single appellate court may be sent to jail to begin serving their sentences. (...) The 2016 decision happened largely due to a change in opinion from Minister Gilmar Mendes (...). He had voted against sending defendants to jail after a single failed appeal in 2009, but changed his mind in 2016. Jump to 2019, and the circumstances – both political and judicial – have changed".[4]

## President and Vice President

[edit]

Main article: President of the Supreme Federal Court

The President of the STF and its Vice President are elected by their peers for a two-year term by secret ballot. The incumbent president is Minister Luís Roberto Barroso.[5]

Reelection for a consecutive term is not allowed. By tradition, the most senior minister who has not yet served in the presidential role is elected as the president by the court members, to avoid politicisation of the court.

If all currently sitting members have already served in the presidential role, the rotation starts all over again. However, due to vacancies caused by the compulsory retirement age and subsequent appointment of new ministers, it is very rare for the cycle to be ever completed. Some ministers are forced to retire before their turn for the presidency arrives, as was expected to happen with Teori Zavascki.

According to the same convention, the minister who is next in the line of succession for the presidency will serve as the vice-president for the time being. Also by tradition, the elections of the president and vice-president are never unanimous, there being always one isolated minority vote in each election, as the ministers who are to be elected never cast their votes for themselves; such votes are cast either for the dean of the court— its most senior member — or for some other elder minister that the one to be elected admires and wants to pay homage to.

The chief justice is also the 4th in the presidential line of succession, when the President of the Republic becomes prevented to be in charge, being preceded by the Vice President, the President of the Chamber of Deputies, and the President of the Federal Senate, as provided in Article 80 of the Brazilian Constitution.[6]

## Current members

[edit]

The eleven judges of the court are called Ministers (Ministros), although have no similarity with the government body of ministers. They are appointed by the President and approved by the Federal Senate. While there is no term length, there is a mandatory retirement age of 75.[7]

Former president of the Court.  President of the Court.  Vice-President of the Court.  Order of
seniority  | Justice[M] | Born (date and state)  | Appointed by  | Age at inauguration  | Initial date
(inauguration)  | Limit date
(retirement)  | Main previous functions

|
|
|
|
|
|
|

1  |

Gilmar Ferreira Mendes

| 30 December 1955 in

Mato Grosso

| Cardoso | 46  | 20 June 2002  | 30 December 2030  | Prosecutor of the Republic (1985–1988), deputy chief for Legal Issues of the Chief of Staff (1996–2000), Attorney General of the Union (2000–2002)
2  |

Cármen Lúcia Antunes Rocha

| 19 April 1954 in

Minas Gerais

| Lula | 52  | 21 June 2006  | 19 April 2029  | Attorney of the State of Minas Gerais (1983–2006)
3  |

José Antonio Dias Toffoli

| 15 November 1967 in

São Paulo

| Lula | 41  | 23 October 2009  | 15 November 2042  | Lawyer (1991–2009), deputy chief for Legal Issues of the Chief of Staff (2003–2005), Attorney General of the Union (2007–2009)
4  |

Luiz Fux

| 26 April 1953 in

Rio de Janeiro

| Rousseff | 57  | 3 March 2011  | 26 April 2028  | Prosecutor of Public Prosecutor's Office of Rio de Janeiro (1979–1982), judge of the state of Rio de Janeiro (1983–1997), desembargador of the Justice Court of the state of Rio de Janeiro (1997–2001), minister of STJ (2001–2011)
5  |

Luís Roberto Barroso

| 11 March 1958 in

Rio de Janeiro

| Rousseff | 55  | 26 June 2013  | 11 March 2033  | Lawyer (1981–2013), Attorney of the State of Rio de Janeiro (1985–2013)
6  |

Luiz Edson Fachin

| 8 February 1958 in

Rio Grande do Sul

| Rousseff | 57  | 16 June 2015  | 8 February 2033  | Lawyer (1980–2015), Attorney of the State of Paraná (1990–2006)
7  |

Alexandre de Moraes

| 13 December 1968 in

São Paulo

| Temer | 48  | 22 March 2017  | 13 December 2043  | Prosecutor of the Public Prosecutor's Office of the state of São Paulo (1991–2002), lawyer of public law (2010–2014), minister of Justice and Public Security (2016–2017)
8  |

Kássio Nunes Marques

| 16 May 1972 in

Piauí

| Bolsonaro | 48  | 5 November 2020  | 16 May 2047  | Desembargador of the Regional Federal Court of the 1st Region (2011–2020)
9  |

André Luiz de Almeida Mendonça

| 27 December 1972 in

São Paulo

| Bolsonaro | 48  | 16 December 2021  | 27 December 2047  | Attorney General of the Union (2019–2021), Minister of Justice and Public Security (2020)
10  |

Cristiano Zanin Martins

| 15 November 1975 in

São Paulo

| Lula | 47  | 3 August 2023  | 15 November 2050  | Lawyer (2000–2023)
11  |

Flávio Dino de Castro e Costa

| 30 April 1968 in

Maranhão

| Lula | 55  | 22 February 2024[8] | 30 April 2043  | Minister of Justice and Public Security (2023–2024), Governor of Maranhão (2015–2022), Senator for Maranhão (2023), Federal Judge (1996–2006)

Notes

* M. ^ Names in bold are the names used in social denomination.[9]

## In relation to other courts

[edit]

The 92 courts of the Brazilian judiciary

* v
* t
* e

| State  | Federal

|
|

Superior
courts  |  | 0  | Supreme Federal Court
STF  | 1
Federal superior courts

STJ TSE TST STM

| 4
Common
justice  | Court of Justice
TJ  | 27  | Federal Regional Courts
TRF1 .. TRF6  | 6
Specialized
justice  | Court of
Military Justice [pt] | 3  | Electoral Justice Courts
TRE  | 27
TJM  | Regional Labor Courts
TRT  | 24
Total
[10][11][12] |  | 30  |  | 62

## Gallery

[edit]

* The Supreme Federal Court in session

* The courtroom of the Supreme Federal Court

* Supreme Federal Court at night

* The Supreme Court lit up in pink for Breast Cancer Awareness Month on 29 October 2020

## See also

[edit]

* Brazil federal courts
* List of ministers of the Supreme Federal Court (Brazil)
* Tribunal de Justiça

## Notes

[edit]

## References

[edit]

1. ^ Nicas, Jack; Spigariol, André (8 January 2023). "Bolsonaro Supporters Lay Siege to Brazil's Capital". The New York Times. ISSN 0362-4331. Retrieved 12 January 2023.
2. ^ "Após explosões, Praça dos Três Poderes é isolada. Uma pessoa morreu". Metrópoles (in Brazilian Portuguese). 13 November 2024. Retrieved 14 November 2024.
3. ^ "Brazil's supreme court: When less is more". The Economist. 21 May 2009. Archived from the original on 25 May 2009.
4. ^ Recondo, Felipe; Seligman, Felipe (5 November 2019). "Brazil's Supreme Court Used to Terrify Politicians. Not Anymore". Americas Quarterly. Archived from the original on 10 November 2019.
5. ^ Patriolino, Luana; Souza, Renato (28 September 2023). "Luís Roberto Barroso toma posse como presidente do Supremo" [Luís Roberto Barroso takes office as President of the Supreme Court]. Correio Braziliense (in Brazilian Portuguese). Retrieved 30 September 2023.
6. ^ Brazilian Constitution Archived 21 January 2012 at the Wayback Machine (in Portuguese)
7. ^ "Composição Atual" (in Brazilian Portuguese). Supremo Tribunal Federal. Retrieved 21 March 2017.
8. ^ "Flávio Dino visita o STF e prevê para fevereiro de 2024 a posse como ministro da Corte". G1 (in Brazilian Portuguese). 14 December 2023. Retrieved 14 December 2023.
9. ^ "Pastas dos ministros" (in Brazilian Portuguese). Supremo Tribunal Federal (STF). Retrieved 21 March 2017.
10. ^ "O Brasil tem 91 tribunais - Para Entender Direito" [Brazil has 91 courts - Understand the Law]. Folha de S. Paulo (in Portuguese). 20 October 2010. Archived from the original on 3 September 2015.
11. ^ DataSelf (8 January 2021). "Conheça as diferenças e funções dos tribunais brasileiros" [Know the differences and functions of the Brazilian courts] (in Portuguese). DataSelf. Retrieved 28 June 2023.
12. ^ Conselho Nacional de Justiça. "Tribunais - Portal CNJ" [Courts - CNJ Portal]. National Council of Justice (in Portuguese). Retrieved 28 June 2023.

## External links

[edit]

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