Supreme Federal Court

Supreme Federal Court
Court name	Supreme Federal Court
Caption	The main building in Brasília
Established	28 October 1890
Country	Brazil
Location	Praça dos Três Poderes, Brasília, Federal District
Coordinates	15, 48, 06, S...
Authority	Constitution of Brazil
Terms	Life tenure (mandatory retirement at 75)
Positions	11
Chiefjudgename	Luís Roberto Barroso
Termstart	September 28, 2023
Website	http://www.stf.jus.br/

Supreme Federal Court. It is the highest court within the Judiciary of Brazil and functions as the ultimate guardian and interpreter of the Constitution of Brazil. The court's primary roles include adjudicating cases of extraordinary constitutional significance, serving as the final court of appeal, and overseeing the entire federal judicial system. Its rulings are binding on all other courts and government authorities, making it a central pillar of Brazilian law and democracy.

History

The court's origins trace back to the imperial era with the creation of the Supreme Court of Justice in 1829, but its modern form was established by decree of Deodoro da Fonseca on October 28, 1890, following the Proclamation of the Republic. Initially named the Federal Supreme Court and seated in Rio de Janeiro, its structure and powers were defined by the 1891 Brazilian Constitution. The court was instrumental in navigating the political turmoil of the Vargas Era and the subsequent military dictatorship, often balancing judicial independence with political pressure. Its definitive constitutional role was solidified and expanded in the 1988 Brazilian Constitution, which renamed it the Supreme Federal Court and relocated its seat to the purpose-built capital of Brasília.

Jurisdiction and powers

Its constitutional jurisdiction is extensive, encompassing direct actions of unconstitutionality, declaratory actions of constitutionality, and allegations of disobedience of fundamental precepts. It holds exclusive authority to initiate the process of trying the President of Brazil, members of Congress, and its own justices for crimes of responsibility. The court also adjudicates extradition requests, resolves conflicts of jurisdiction between courts, and hears extraordinary appeals on federal law. Through mechanisms like the **súmula vinculante* (binding summary), it can issue rulings with general obligatory effect for the entire judiciary and public administration.

Composition and appointment

It is composed of eleven justices, referred to as Ministers, who are appointed for life tenure but must retire upon reaching the age of seventy-five. Nominees are selected by the President of Brazil and must be approved by an absolute majority in the Federal Senate after public hearings. The Constitution requires appointees to be over thirty-five and under sixty-five years of age, of notable juridical learning and spotless reputation. Historically, appointees have come from careers in the bench, public prosecution, or the Brazilian Bar Association. The most senior justice who has not yet served as president typically assumes the presidency of the court for a two-year term.

Notable decisions

Landmark rulings have profoundly shaped Brazilian society. In 2011, it recognized stable same-sex unions, granting them the same legal rights as heterosexual unions. In the landmark *Mensalão* and Operation Car Wash cases, it upheld convictions of powerful politicians and businessmen for corruption, signaling a robust stance against impunity. Other significant decisions include affirming the constitutionality of racial quotas in university admissions, upholding the Brazilian Forest Code, and mandating that the federal government provide specific medicines not listed on official formularies. These cases often involve intense public scrutiny and media coverage.

Building and facilities

Its main headquarters is located in the Praça dos Três Poderes in Brasília, a symbolic site it shares with the National Congress and the Palácio do Planalto. The modernist building, designed by architect Oscar Niemeyer, was inaugurated in 1960 and features a distinctive horizontal structure supported by columns, with a monumental sculpture known as *"A Justiça"* by Alfredo Ceschiatti at its entrance. The complex houses courtrooms, extensive legal libraries, justices' chambers, and administrative offices. Sessions are broadcast live on the dedicated television channel TV Justiça and via the court's online portal.

Relationship with other branches

It maintains a complex and sometimes tense relationship with the political branches, defined by the principle of separation of powers. It frequently reviews the constitutionality of laws passed by the National Congress and decrees issued by the President of Brazil. This judicial review power places it in a position to check legislative and executive actions, leading to significant political clashes, such as those during the impeachment of Dilma Rousseff and debates over pension reform in Brazil. The court also interacts with other high courts like the Superior Court of Justice and the Superior Labor Court to ensure uniform interpretation of law.

Category:National supreme courts Category:1890 establishments in Brazil Category:Government of Brazil