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| Courts of Justice of Brazil | |
|---|---|
| Name | Courts of Justice of Brazil |
| Native name | Tribunais de Justiça |
| Jurisdiction | Federative Units of Brazil |
| Established | 1824 |
| Country | Brazil |
Courts of Justice of Brazil are the principal state-level appellate tribunals in the Federative Republic of Brazil, responsible for adjudicating appeals and overseeing trial courts within each Brazilian state and the Federal District. They operate within the framework of the 1988 Constitution, interact with the Supreme Federal Court and the Superior Court of Justice, and apply codes such as the Brazilian Civil Code and the Brazilian Penal Code. These tribunals influence jurisprudence in matters touching on rights protected by the National Congress of Brazil and coordinate with institutions including the Public Prosecutor's Office and the Ordinance of the National Council of Justice.
The state-level Tribunais de Justiça function as intermediate appellate bodies between first-instance Juízes de Direito and federal tribunals like the Tribunal Regional Federal. They adjudicate appeals involving Código de Processo Civil and Código de Processo Penal questions, supervise delegacias and regional offices tied to the Secretary of Public Security (Brazil), and implement administrative oversight established by the National Council of Justice (CNJ), the Superior Tribunal de Justiça (STJ), and the Supreme Federal Court (STF).
Origins trace to imperial tribunals created under the Imperial Constitution of 1824 and later reforms during the First Brazilian Republic and the Getúlio Vargas era, with significant institutional changes under the Constitution of 1934, the Constitution of 1946, and the 1964–1985 military regime. The post-1988 era, marked by the promulgation of the Constitution of 1988, expanded guarantees from cases adjudicated before the Inter-American Court of Human Rights and decisions influenced by the Constitutional Amendment No. 45 of 2004. Jurisprudential developments reflect precedents set by the Superior Court of Justice and the Supreme Federal Court alongside regional innovations from tribunais in São Paulo, Rio de Janeiro, Minas Gerais, and Bahia.
Each Tribunal de Justiça exercises jurisdiction over civil, criminal, family, and probate appeals originating from first-instance courts such as Juizados Especiais Cíveis and Vara de Família branches. They organize into specialized chambers — civil, criminal, public treasury — and panels modeled after procedures in the 2015 Civil Procedure Code and directives from the National Council of Justice. Concurrent jurisdiction issues arise when matters implicate federal prerogatives under statutes like the Lei de Improbidade Administrativa and constitutional questions reserved for the Supreme Federal Court.
Judges, known as desembargadores, are typically promoted from first-instance judges (Juízes de Direito), former members of the Ministry Publico (Procuradores), or appointed via merit and seniority rules codified by state constitutions and influenced by CNJ guidelines. Appointment pathways interact with offices including the Presidency of the Republic on exceptional federal issues, and oversight occurs through disciplinary mechanisms linked to the National Council of Justice and professional associations like the Order of Attorneys of Brazil (Ordem dos Advogados do Brasil). Terms, retirement ages, and impeachment procedures reflect standards set by the Constitution of 1988 and jurisprudence from the Superior Tribunal de Justiça.
Prominent Tribunais de Justiça include the Tribunal de Justiça de São Paulo, Tribunal de Justiça do Rio de Janeiro, Tribunal de Justiça de Minas Gerais, Tribunal de Justiça do Estado da Bahia, and the Tribunal de Justiça do Distrito Federal e Territórios. These courts handle high-volume appeals from metropolitan centers such as São Paulo (city), Rio de Janeiro (city), Belo Horizonte, and Salvador, Bahia, manage administrative conflicts involving Prefeitura de São Paulo and state cabinets, and issue precedents cited before the Superior Tribunal de Justiça and the Supreme Federal Court. Specialized bodies like the Tribunal de Justiça Militar and electoral courts such as the Tribunal Regional Eleitoral coordinate overlapping competencies.
Procedure follows the Código de Processo Civil (2015) for civil litigation and the Código de Processo Penal for criminal appeals, supplemented by rules issued by each tribunal and normative acts from the National Council of Justice. Case law practices include publication of súmulas and decisões monocráticas, binding effects influenced by precedents from the Superior Tribunal de Justiça and the Supreme Federal Court, and the use of instruments like agravos, embargos de declaração, and recursos especiais and extraordinários. Electronic filing systems developed under initiatives by the National Council of Justice and state secrets like the Tribunal de Justiça de São Paulo's PJE implementation have changed appellate workflows.
Critiques arise concerning backlog reduction, transparency, judicial selection, and disciplinary oversight, debated among stakeholders including the Ministry of Justice (Brazil), the Order of Attorneys of Brazil, the Public Prosecutor's Office (Brazil), and civil society organizations like Conectas Human Rights. Reforms proposed or enacted include procedural modernization under the Código de Processo Civil (2015), administrative centralization advocated by the National Council of Justice, ethics tightening after scandals adjudicated by the Supreme Federal Court, and studies by academic institutions such as the University of São Paulo and Fundação Getulio Vargas.