Aula 78 - Direito Constitucional - Poder Judiciário na Constituição Federal - Parte 1

Summary

In this lesson, Dr. Amanda Almozara provides an insightful introduction to the Brazilian Judiciary, starting with its role in the Constitution. She explains the fundamental structure and functions of the judiciary, differentiating between common and special justice. The lecture covers the distinction between state and federal courts, the hierarchy from first to second instance, and the significance of the judiciary's administrative functions. Additionally, Dr. Almozara introduces key concepts like judicial jurisdiction, the roles of judges, and tribunals, offering a comprehensive look at the judicial system’s responsibilities in upholding justice and resolving conflicts.

Takeaways

• 😀 The lecture introduces the analysis of the Judiciary Power in the Brazilian Federal Constitution, starting with Article 92 and its structure.
• 😀 The concept of 'power' in the Constitution is clarified as functions or duties assigned to different branches of government, including the Judiciary, rather than independent powers.
• 😀 The Judiciary's main function is to resolve conflicts in society, ensuring that fundamental rights are respected and promoting justice.
• 😀 The Judiciary's jurisdiction includes resolving conflicts with inaction (inertia) and finality, meaning its decisions are conclusive and not subject to reanalysis once finalized.
• 😀 The Judiciary ensures that laws are followed and justice is served, transitioning from a positivist system to a more open, post-positivist system.
• 😀 The Judiciary's structure, as defined by Article 92 of the Constitution, includes various courts and judges at both federal and state levels.
• 😀 The Judiciary is divided into two main categories: Common Justice and Special Justice, with Special Justice focusing on specific themes like electoral, labor, and military matters.
• 😀 Common Justice handles all cases not related to the specialized topics and is further divided into State and Federal branches, each with its specific scope of authority.
• 😀 The first instance of the Judiciary handles initial case reviews, where judges alone issue decisions, and if appealed, the case moves to the second instance for reanalysis by a panel of at least three judges to avoid ties.
• 😀 The second instance involves higher-level courts such as regional tribunals, which review cases from the first instance to ensure proper application of the law.
• 😀 The session concludes by setting the stage for further discussions on the Judiciary’s composition, its attributes, and deeper insights into its role within the state structure.

Q & A

What is the main purpose of the Judiciary in the Brazilian Constitution?

The Judiciary's main purpose is to resolve conflicts of interest within society, ensuring that fundamental rights are respected and applying the law as established by the legal system. It plays a critical role in ensuring justice and pacifying social relations.

How is power distributed between the branches of government in Brazil?

According to Article 2 of the Constitution, power in Brazil is divided into three independent and harmonious branches: Legislative, Executive, and Judiciary. However, these are not separate powers in the strictest sense. They are functions derived from the unified power of the people, as outlined in Article 1 of the Constitution.

What does the Constitution say about the nature of judicial power?

Judicial power is not an independent power itself but a function of the state. It is responsible for applying the law and resolving conflicts in society, especially in cases where the state must intervene in legal disputes. Its role is to provide definitive resolutions to conflicts, with judgments that cannot be reanalyzed once final.

What is the significance of the Judiciary being described as a 'jurisdictional activity'?

The Judiciary’s role is described as a jurisdictional activity because it involves the legal process of resolving disputes. This includes characteristics like conflict, inertia (waiting for cases to be brought before it), and definitiveness (decisions that cannot be revisited once final). These elements make the Judiciary the final arbitrator of legal conflicts.

What does the concept of 'organ' mean in the context of the Judiciary?

In this context, an 'organ' refers to a division or department within the state entity, specifically in the Judiciary. These organs, such as courts or tribunals, do not have their own legal personality but are parts of a broader structure that carries out judicial functions. They are linked to the Union, states, or the Federal District, but not to municipal entities.

What are the primary components of the Judiciary according to Article 92 of the Constitution?

Article 92 outlines the primary components of the Judiciary, which include the Supreme Federal Court, the Superior Court of Justice, regional and superior courts in various jurisdictions (including labor, electoral, and military courts), as well as judges at the state and federal levels. It also mentions the National Justice Council (CNJ), added by Constitutional Amendment 45.

What is the role of the National Justice Council (CNJ)?

The CNJ is an organ of the Judiciary responsible for administrative functions. It was added to the Constitution by Constitutional Amendment 45. Unlike other judicial organs, the CNJ is not directly involved in judicial activity but oversees the administration and operation of the Judiciary.

What distinguishes 'common justice' from 'special justice' in the Brazilian legal system?

The distinction between common justice and special justice lies in the types of cases they handle. Special justice is designed for specific themes, such as electoral, labor, and military issues, and provides a specialized focus for these cases. Common justice, on the other hand, handles cases that do not fall under these specialized categories, divided further into state and federal jurisdictions.

What is the significance of 'first instance' in the judicial process?

First instance refers to the initial level of the judicial process where a case is first presented and decided. In this stage, the case is handled by a judge who makes a ruling, known as a sentence. If the parties involved disagree with the decision, they can appeal to the second instance for a review.

What is the purpose of the second instance in the judicial system?

The second instance serves as a review mechanism where decisions made in the first instance can be reanalyzed. This stage is characterized by a panel of at least three judges to prevent ties and ensure fairer decision-making. The second instance courts are regional tribunals for the different types of justice (state, federal, electoral, etc.).