Poder Judiciário - Atualizado 0 EC 122/2022 (Direito Constitucional): Resumo Completo

Summary

The script outlines Brazil's judicial power structure as per Article 92 of the Federal Constitution. It details the Supreme Federal Court, National Council of Justice, Superior Courts of Justice, Labor, and Electoral Courts, along with federal and state judges. It clarifies that specialized courts like military and labor courts are part of the judicial system, unlike federal and state juizados or audit courts. The composition of courts like the Supreme Federal Court with 11 ministers, Superior Electoral Court with 7 ministers, and Superior Labor Court with 27 ministers is highlighted, emphasizing the nomination and approval process by the President and Senate.

Takeaways

• 📜 The script discusses the Brazilian judicial system according to Article 92 of the Federal Constitution.
• 🏛️ The Supreme Federal Court, the National Council of Justice, the Superior Court of Justice, the Superior Labor Court, the Federal Regional Courts, and Federal Judges are part of the Judicial Power.
• 📊 The Superior Electoral Court (TSE), the Superior Labor Court (TST), and the Military Supreme Court (UFTM) are specialized courts within the judicial system.
• 📝 The Superior Court of Justice (STJ) is part of the common justice system, along with the Regional Federal Courts (TRF) and State Courts (TJ).
• 📍 The STF, CNJ, and superior courts are based in the federal capital and have jurisdiction throughout the national territory.
• 🚫 Entities such as Federal and State Justices, Maritime Court, Arbitration Justice, and Sports Justice are not part of the Judicial Power.
• 🏢 The National Council of Justice (CNJ) is an administrative body that oversees the judiciary, except for the STF.
• 👨‍⚖️ The composition of courts varies, with the STF having 11 ministers, the UFTM having 15 ministers (10 military and 5 civilian), and the TSE having 7 ministers.
• 📝 The TST has 27 ministers, and the STJ has 33 ministers, with their compositions defined by the Federal Constitution.
• 🔍 The CNJ consists of 15 members, including representatives from various judicial and legal entities, and is presided over by the president of the STF.

Q & A

What are the organs of the Judiciary Power according to Article 92 of the Federal Constitution?

The organs of the Judiciary Power include the Supreme Federal Court (STF), the National Council of Justice (CNJ), the Superior Court of Justice (STJ), the Superior Labor Court (TST), the Regional Federal Courts, Federal Judges, Labor Judges, Electoral Judges, Military Judges, and Judges of the States and the Federal District.

Which courts are part of the specialized justice system in Brazil?

The specialized justice system in Brazil includes the Superior Military Court (STJM), the Superior Electoral Court (TSE), and the Superior Labor Court (TST).

What is the jurisdiction of the Supreme Federal Court and other superior courts as per the Federal Constitution?

According to Article 92, paragraph 2 of the Federal Constitution, the Supreme Federal Court (STF) and other superior courts have jurisdiction throughout the national territory.

Which entities are not considered part of the Judiciary Power in Brazil?

The Federal Justice Courts, State Justice Courts, and Appeal Benches are not considered part of the Judiciary Power. Additionally, the Courts of Accounts, Maritime Court, Arbitration Justice, and Sports Justice are also not part of the Judiciary Power.

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

The National Council of Justice (CNJ) is an administrative organ that does not have jurisdiction. It is responsible for overseeing the entire Judiciary Power, except for the Supreme Federal Court (STF).

How many ministers does the Supreme Federal Court (STF) have, and what are the age requirements for them?

The Supreme Federal Court (STF) has 11 ministers, who must be between the ages of 35 and 70 years old.

What is the composition of the Superior Military Court (STJM) in terms of military and civilian ministers?

The Superior Military Court (STJM) has 15 ministers, of which 10 are military ministers and 5 are civilian ministers. The civilian ministers must include three lawyers with notable legal knowledge, an unblemished reputation, and over 10 years of professional activity, and two chosen by parity among judicial auditors and members of the Military Justice Public Ministry.

How are the ministers of the Superior Electoral Court (TSE) selected?

The Superior Electoral Court (TSE) has seven ministers, three of whom are judges elected by secret vote among the ministers of the STF and STJ, and two are judges chosen by the President from a list of lawyers indicated by the STF.

What is the age requirement for the ministers of the Superior Labor Court (TST)?

The Superior Labor Court (TST) has 27 ministers, who must be between the ages of 35 and 70 years old.

How many ministers does the Superior Court of Justice (STJ) have, and what is their composition?

The Superior Court of Justice (STJ) has 33 ministers, composed of one-third desembargadores from the Court of Justice, one-third from the Regional Federal Courts, and one-third from members of the Public Ministry and the Brazilian Bar Association (OAB).

Who are the members of the National Council of Justice (CNJ), and how are they appointed?

The National Council of Justice (CNJ) has 15 members, including the President of the STF, a minister from the STJ, a minister from the TST, a desembargador from the Court of Justice, a state judge, a federal judge, a labor judge, a member of the Union Public Ministry, a state public prosecutor, two lawyers indicated by the Federal Council of the Brazilian Bar Association, and two citizens with notable legal knowledge and an unblemished reputation, one indicated by the Chamber of Deputies and the other by the Federal Senate.