President of the Supreme Federal Court | |
---|---|
Supreme Federal Court | |
Style | Mr. President (informal) Your Excellency (within court) The Most Excellent Mr. President (formal) |
Status | Chief justice |
Member of | Federal judiciary National Council of Justice |
Seat | Supreme Federal Court Palace, Brasília, Federal District |
Nominator | Members of the Supreme Court |
Term length | Two years not renewable |
Constituting instrument | Constitution of Brazil |
Formation | 8 January 1829 |
First holder | José Albano Fragoso (Supreme Court of Justice) Freitas Henriques (Supreme Federal Court) |
Succession | Fourth |
Salary | $39,293 BRL |
Website | stf.jus.br |
The President of the Supreme Federal Court is the highest-ranking officer of the Brazilian judiciary branch. The holder is also president of the National Council of Justice (CNJ). [1] Among their responsibilities are representing both the Court and the council before other branches of government and authorities, presiding over plenary sessions of both institutions, enforcing the bylaws of the Court and Council, deciding points of order in their respective sessions, making decisions on injunctions during recess or vacation, and swearing in justices of the Supreme Court and councillors of the CNJ. [2] [3]
The President and Vice President of the Supreme Court are elected by the other justices in a secret ballot, with a minimum quorum of eight justices, in a two-round system for a two-year term, with re-election for a new term prohibited. [2] Usually, the justices vote for the most senior justice who has not yet served as president, and they vote for the second most senior justice in the same situation as vice president. The tradition, present during most of the country's republican history, is for the Vice President to be elected by their peers to assume the presidency after the end of their term. The self-governance and self-determination of the Supreme Federal Court regarding the choice of its president did not exist in two historical periods. During the monarchy, the Emperor of Brazil appointed the President of the Supreme Court of Justice for a renewable three-year term. [4] Under the Constitution of 1937, the President of Brazil appointed the President of the Court from among the justices of the current composition for an indefinite term. [5] [6]
The President of the Supreme Federal Court is fourth in the Brazilian presidential line of succession and can hold the office of President of the Federal Senate in exceptional situations. The longest presidency was held by Hermínio do Espírito Santo for 13 years and 312 days, while the shortest was held by Leoni Ramos for 23 days. [6] The Brazilian Presidents who appointed the most Presidents of the Supreme Court were Getúlio Vargas and Luiz Inácio Lula da Silva, with six appointments each. The current President is Justice Luís Roberto Barroso, who has held the position since 28 September 2023. [7]
No. | Portrait | Justice | Took office | Left office | Time in office | Appointer |
---|---|---|---|---|---|---|
1 | José Albano Fragoso (1768–1843) | 8 January 1829 | 5 January 1832 | 2 years, 362 days | Pedro I | |
2 | Lucas Antônio Monteiro de Barros, Viscount of Congonhas do Campo (1767–1851) | 5 January 1832 | 3 March 1842 | 10 years, 57 days | Permanent Triumviral Regency | |
3 | José Bernardo de Figueiredo (1769–1854) | 26 April 1842 | 13 October 1849 | 7 years, 170 days | Pedro II | |
4 | Francisco de Paula Pereira Duarte (1784–1855) | 17 October 1849 | 15 June 1855 | 5 years, 241 days | Pedro II | |
5 | Manuel Pinto Ribeiro Pereira de Sampaio (1780–1857) | 15 February 1856 | 27 September 1857 | 1 year, 224 days | Pedro II | |
6 | Joaquim José Pinheiro de Vasconcelos, Viscount of Monserrate (1799–1879) | 27 September 1857 | 5 February 1864 | 6 years, 131 days | Pedro II | |
7 | Joaquim Marcelino de Brito (1799–1879) | 5 February 1864 | 27 January 1879 | 14 years, 356 days | Pedro II | |
8 | João Antônio de Vasconcelos (1802–1880) | 1 February 1879 | 21 November 1880 | 1 year, 294 days | Pedro II | |
9 | Albino José Barbosa de Oliveira (1809–1889) | 27 November 1880 | 14 June 1882 | 1 year, 199 days | Pedro II | |
10 | Manuel de Jesus Valdetaro, Viscount of Valdetaro (1807–1897) | 14 June 1882 | 27 November 1886 | 4 years, 166 days | Pedro II | |
11 | João Evangelista de Negreiros, Viscount of Sabará (1817–1894) | 27 November 1886 | 26 February 1891 | 4 years, 91 days | Pedro II |
No. | Portrait | Justice | Took office | Left office | Time in office | Appointer |
---|---|---|---|---|---|---|
1 | Freitas Henriques (1822–1903) | 28 February 1891 | 9 February 1894 | 2 years, 346 days | Deodoro da Fonseca (Ind) | |
2 | Aquino e Castro (1828–1906) | 28 February 1894 | 10 August 1906 | 12 years, 163 days | Deodoro da Fonseca (Ind) | |
3 | Piza e Almeida (1842–1908) | 18 August 1906 | 22 April 1908 | 1 year, 248 days | Deodoro da Fonseca (Ind) | |
4 | Pindaíba de Matos (1831–1913) | 29 April 1908 | 26 December 1910 | 2 years, 241 days | Floriano Peixoto (Ind) | |
5 | Hermínio do Espírito Santo (1842–1924) | 4 January 1911 | 11 November 1924 | 13 years, 312 days | Floriano Peixoto (Ind) | |
6 | André Cavalcanti (1834–1927) | 14 November 1924 | 13 February 1927 | 2 years, 91 days | Prudente de Morais (PR Federal) | |
7 | Godofredo Cunha (1860–1936) | 22 February 1927 | 17 February 1931 | 3 years, 360 days | Nilo Peçanha (PRF) | |
8 | Leoni Ramos (1857–1931) | 25 February 1931 | 20 March 1931 | 23 days | Nilo Peçanha (PRF) | |
9 | Edmundo Lins (1863–1944) | 1 April 1931 | 15 November 1937 | 6 years, 228 days | Venceslau Brás (PRM) | |
10 | Bento de Faria (1876–1959) | 19 November 1937 | 18 November 1940 | 2 years, 365 days | Artur Bernardes (PRM) | |
11 | Eduardo Espínola (1875–1968) | 20 November 1940 | 24 May 1945 | 4 years, 185 days | Getúlio Vargas (Ind) | |
12 | José Linhares (1886–1957) | 26 May 1945 | 31 January 1949 | 3 years, 250 days | Getúlio Vargas (Ind) | |
13 | Laudo de Camargo (1881–1963) | 31 January 1949 | 24 April 1951 | 2 years, 83 days | Getúlio Vargas (Ind) | |
14 | José Linhares (1886–1957) | 2 May 1951 | 30 January 1956 | 4 years, 273 days | Getúlio Vargas (Ind) | |
15 | Orozimbo Nonato (1891–1974) | 30 January 1956 | 26 January 1960 | 3 years, 361 days | Getúlio Vargas (Ind) | |
16 | Barros Barreto (1895–1969) | 29 January 1960 | 28 January 1962 | 1 year, 364 days | Getúlio Vargas (Ind) | |
17 | Lafayette de Andrada (1900–1974) | 29 January 1962 | 10 December 1963 | 1 year, 315 days | José Linhares (Ind) | |
18 | Ribeiro da Costa (1897–1967) | 11 December 1963 | 4 December 1966 | 2 years, 358 days | José Linhares (Ind) | |
19 | Luís Gallotti (1904–1978) | 14 December 1966 | 11 December 1968 | 1 year, 363 days | Eurico Gaspar Dutra (PSD) | |
20 | Gonçalves de Oliveira (1910–1992) | 11 December 1968 | 18 January 1969 | 38 days | Juscelino Kubitschek (PSD) | |
– | Luís Gallotti (1904–1978) Acting | 18 January 1969 | 10 February 1969 | 23 days | Eurico Gaspar Dutra (PSD) | |
21 | Oswaldo Trigueiro (1905–1989) | 10 February 1969 | 10 February 1971 | 2 years, 0 days | Castelo Branco (ARENA) | |
22 | Aliomar Baleeiro (1905–1978) | 10 February 1971 | 9 February 1973 | 1 year, 365 days | Castelo Branco (ARENA) | |
23 | Elói da Rocha (1907–1999) | 9 February 1973 | 14 February 1975 | 2 years, 5 days | Castelo Branco (ARENA) | |
24 | Djaci Falcão (1919–2012) | 14 February 1975 | 14 February 1977 | 2 years, 0 days | Castelo Branco (ARENA) | |
25 | Thompson Flores (1911–2001) | 14 February 1977 | 14 February 1979 | 2 years, 0 days | Costa e Silva (ARENA) | |
26 | Antônio Neder (1911–2003) | 14 February 1979 | 16 February 1981 | 2 years, 2 days | Emílio Garrastazu Médici (ARENA) | |
27 | Xavier de Albuquerque (1926–2015) | 16 February 1981 | 21 February 1983 | 2 years, 5 days | Emílio Garrastazu Médici (ARENA) | |
28 | Cordeiro Guerra (1916–1993) | 21 February 1983 | 25 February 1985 | 2 years, 4 days | Ernesto Geisel (ARENA) | |
29 | Moreira Alves (1933–2023) | 25 February 1985 | 2 March 1987 | 2 years, 5 days | Ernesto Geisel (ARENA) | |
30 | Rafael Mayer (1919–2013) | 2 March 1987 | 14 March 1989 | 2 years, 12 days | Ernesto Geisel (ARENA) | |
31 | Néri da Silveira (born 1932) | 14 March 1989 | 14 March 1991 | 2 years, 0 days | João Figueiredo (PDS) | |
32 | Aldir Passarinho (1921–2014) | 14 March 1991 | 22 April 1991 | 39 days | João Figueiredo (PDS) | |
33 | Sydney Sanches (born 1933) | 10 May 1991 | 13 May 1993 | 2 years, 3 days | João Figueiredo (PDS) | |
34 | Octavio Gallotti (born 1930) | 13 May 1993 | 17 May 1995 | 2 years, 4 days | João Figueiredo (PDS) | |
35 | Sepúlveda Pertence (1937–2023) | 17 May 1995 | 20 May 1997 | 1 year, 307 days | José Sarney (MDB) | |
36 | Celso de Mello (born 1945) | 22 May 1997 | 27 May 1999 | 2 years, 5 days | José Sarney (MDB) | |
37 | Carlos Velloso (born 1936) | 27 May 1999 | 31 May 2001 | 2 years, 4 days | Fernando Collor (PRN) | |
38 | Marco Aurélio Mello (born 1946) | 31 May 2001 | 5 June 2003 | 2 years, 5 days | Fernando Collor (PRN) | |
39 | Maurício Corrêa (1934–2012) | 5 June 2003 | 8 August 2004 | 1 year, 64 days | Itamar Franco (MDB) | |
40 | Nelson Jobim (born 1946) | 20 August 2004 | 29 March 2006 | 1 year, 221 days | Fernando Henrique Cardoso (PSDB) | |
41 | Ellen Gracie (born 1948) | 27 April 2006 | 23 April 2008 | 1 year, 362 days | Fernando Henrique Cardoso (PSDB) | |
42 | Gilmar Mendes (born 1955) | 23 April 2008 | 23 April 2010 | 0 days | Fernando Henrique Cardoso (PSDB) | |
43 | Cezar Peluso (born 1942) | 23 April 2010 | 19 April 2012 | 1 year, 362 days | Luiz Inácio Lula da Silva (PT) | |
44 | Ayres Britto (born 1942) | 19 April 2012 | 17 November 2012 | 212 days | Luiz Inácio Lula da Silva (PT) | |
45 | Joaquim Barbosa (born 1954) | 22 November 2012 | 31 July 2014 | 1 year, 251 days | Luiz Inácio Lula da Silva (PT) | |
46 | Ricardo Lewandowski (born 1948) | 10 September 2014 | 12 September 2016 | 2 years, 2 days | Luiz Inácio Lula da Silva (PT) | |
47 | Cármen Lúcia (born 1954) | 12 September 2016 | 13 September 2018 | 2 years, 1 day | Luiz Inácio Lula da Silva (PT) | |
48 | Dias Toffoli (born 1967) | 13 September 2018 | 10 September 2020 | 1 year, 363 days | Luiz Inácio Lula da Silva (PT) | |
49 | Luiz Fux (born 1953) | 10 September 2020 | 12 September 2022 | 2 years, 2 days | Dilma Rousseff (PT) | |
50 | Rosa Weber (born 1948) | 12 September 2022 | 28 September 2023 | 1 year, 16 days | Dilma Rousseff (PT) | |
51 | Luís Roberto Barroso (born 1958) | 28 September 2023 | Incumbent | 1 year, 29 days | Dilma Rousseff (PT) |
The president of Brazil, officially the president of the Federative Republic of Brazil or simply the President of the Republic, is the head of state and head of government of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces.
The Federal Supreme Court is the supreme court of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.
Same-sex marriage has been legal in Brazil since 16 May 2013 in accordance with a decision from the National Justice Council, ordering notaries of every state to license and perform same-sex marriages. Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.
The Palácio do Planalto in Brasília is the official workplace of the president of Brazil. The building was designed by Oscar Niemeyer in 1958 and inaugurated on 21 April 1960. It has been the workplace of every Brazilian president since Juscelino Kubitschek. It is located at the Praça dos Três Poderes, to the east of the National Congress of Brazil and across from the Supreme Federal Court.
The Superior Electoral Court is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court in each of the 26 states and the Federal District of the country, as determined by the Article 118 of the Constitution of Brazil.
The Supreme Court of Justice is the highest court of law in Portugal without prejudice to the jurisdiction of the Constitutional Court.
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty.
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional issues regarding federal law. The STJ also has original jurisdiction over some cases. Its jurisdiction is provided for in Article 105 of the Brazilian Constitution.
The Regional Federal Courts are the courts of appeal in the Federal Courts of Brazil, the second instance courts of the Brazilian federal justice system, responsible not only for appeals of trial court decisions, but also for writs of security, habeas corpus, and habeas data against acts by federal judges, motions to set aside judgments, criminal revisions, and conflicts of jurisdiction.
The National Council of Justice (CNJ) is an administrative and oversight organ of the Brazilian Judiciary created by constitutional amendment in 2004 as a part of judicial reform. Among its responsibilities are ensuring that the judicial system remains autonomous, conducting disciplinary proceedings against members of the Judiciary, and compiling and publishing statistics on the Brazilian court system. The Council has nationwide jurisdiction over all courts except the Supreme Federal Court, but makes no rulings on cases and does not review judgements of other courts. Its fifteen members are chosen by the Supreme Federal Court for two-year terms.
The president of the Federal Senate, sometimes referred to as the President of the Senate, is the presiding officer of the Federal Senate of Brazil.
Gilmar Ferreira Mendes is a Brazilian Justice of the Supremo Tribunal Federal, appointed by then President Fernando Henrique Cardoso in 2002. Mendes was the Chief Justice of the Court for the 2008–2010 term. Earlier, he had been the Attorney General from 2000 to 2002.
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
The Federal Government of Brazil is the national government of the Federative Republic of Brazil, a republic in South America divided into 26 states and a federal district. The Brazilian federal government is divided into three branches: the executive, which is headed by the President and the cabinet; the legislative, whose powers are vested by the Constitution in the National Congress; and the judiciary, whose powers are vested in nine organs, including the Supreme Federal Court and lower federal courts. The seat of the federal government is located in Brasília.
Alexandre de Moraes is a Brazilian jurist, ex-politician, former president of the Superior Electoral Court and currently justice of the Supreme Federal Court. Moraes was appointed to the Supreme Court by President Michel Temer in 2017 when serving as Minister of Justice and Public Security. Previously, Moraes had acted as Secretary for Public Security in the State of São Paulo and had been a member of the Brazilian Public Prosecutor's Office.
Rosa Maria Pires Weber is a Brazilian magistrate, former justice and former president of the Supreme Federal Court, former president of the Superior Electoral Court and former justice of the Superior Labor Court.
In Brazil, the Council of the Republic is the superior agency of consultation and counseling of the Presidency of the Republic, created to advise the president in crisis moments. Among the competences of the Council of the Republic are deliberate about subjects such as federal intervention, state of defence and state of exception.
The Brazilian criminal justice system comes from the civil law of Western Europe, in particular Portuguese law, which derives from Roman law. The earliest legal documents in Brazil were land grants and charters dating to the early 16th century, which continued to be used until independence in 1822. Various basic principles of law are enshrined in the 1988 Constitution, such as the principle of legality and the principle of human dignity.
ADPF 153 was a constitutional review case ruled by the Brazilian Supreme Federal Court, which the Order of Attorneys of Brazil (OAB) requested the acknowledgment of the inconstitutionality of the Amnesty Law. Ruled in April 2010, the Supreme Court considered the case unfounded in a voting of 7 to 2.