Judicial System of Brazil

Judicial system of Brazil

Under the terms of article 92 of the Federal Constitution, the following are the bodies of the Brazilian Judicial Branch:

* the Supreme Federal Court

* the Higher Court of Justice

* the Federal Regional Courts and Federal Judges

* the Labor Courts and Judges

* the Electoral Courts and Judges

* the Military Courts and Judges

* the Courts and Judges of the States and of the Federal District

Among the bodies of the Judicial Branch, special emphasis should be given to the Supreme Federal Court, the Higher Court of Justice, and the Higher Courts, since their jurisdiction covers the entire country.

The functions essential to Justice are also unconventionally carried out by the Office of the Prosecutors for the Public Interest of the Union and of the States, by the Office of the Solicitor-General of the Union, and by the Office of the Public Legal Defender.

The judicial system of Brazil consists of continent European principles, even though the jury has been used in criminal cases for more than 100 years. There is a general propensity away from the use of the juries. The federal supreme of the court is made of 11 justices chosen by the president then it gets approved by the senate; who serve until the age of 70. The Federal Appeals Court deals with cases involving the federal government. Immediately below it are federal courts located in the state capitals and in the Federal District, as well as military and labor courts. Codes of criminal, civil, and commercial law are enacted by Congress, but in order to preserve the jurisdiction of state courts, the federal courts will not accept original jurisdiction solely because a law of Congress is involved. Electoral tribunals deal with registration of political parties, supervision of voting, infractions of electoral laws, and related matters.

The surprising result of this report so far is that each state and municipality in Brazil has its own judicial system. Justices of the peace and magistrates deal with commercial and other civil cases and minor case of the first instance. Decisions from state or municipal courts may be appealed to the federal courts and on up to the Supreme Federal Court.

There is also a system of particular courts that deals with police, juveniles, and family matters.

The judiciary is independent from the executive and legislative branches. Judges are appointed for life and may not accept other employment. And criminal defendants have a right to counsel. In law, the judiciary or judicial is the system of courts which monitors justice in the name of the sovereign or state, a mechanism for the resolution of disputes.

The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly.

Crime throughout Brazil has reached very high levels. The Brazilian police and the Brazilian press report that the rate of crime continues to rise, especially in the major urban centres - though it is also spreading in rural areas. Street crime remains a problem for visitors and local residents alike, especially in the evenings and late at night. Foreign tourists are often targets of crime. This targeting occurs in all tourist areas but is especially in Rio de Janeiro and Salvador.

The police are always advising local residents and tourist alike to take caution with regard to night time travel through more rural areas and satellite cities due to reported incidents of roadside robberies that randomly target passing vehicles. Robbery and "quick kidnapping" outside of banks and ATM machines are common in Brazil. Criminals abduct victims for a short time in order to receive a quick payoff from the family, business or the victim's ATM card. In some cases I have heard victims have been beaten and/or raped.

Though I would summarise that the judicial system is unfair in Brazil because of the high crime rates and the in and the law needs to be adjusted in order to bring the public in order and follow the basic and most effective laws which will bring the crime rates to minimum, also I have realised from studying the judicial system of brazil that, corruption normally takes forms that are more insidious than outright bribery, and there would be in this sense reasonable to suggest that a stricter adherence to positive law generates much more legal certainty, In fact, the excess of politicisation currently taking place in the judiciary may contribute to corruption because it interferes in the regular course of legal actions in ways that nobody is able to forecast. Actually, judges who have abused of their position to satisfy supporter and/or private ends cannot be even regarded as acting in good faith, and, as such, they may be properly deemed as illegitimate authorities.

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