Supreme Federal Court (Brazil)
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The Supreme Federal Court (in Portuguese Supremo Tribunal Federal, or simply STF), is the Brazilian Supreme Court, the highest court of law of the Federative Republic of Brazil. The court also functions as a court of last resort, and its rulings therefore cannot be appealed. It can declare the unconstitutionality of laws passed by the Congress. This happens when the court judges a Direct Action of Unconstitutionality, (Ação Direta de Inconstitucionalidade or Adin).
The members of the court, who are called ministers (Ministro), are appointed by the President and approved by the Senate. They face compulsory retirement at age 70.
All judicial and administrative meetings of the Supreme Court are broadcast live on TV since 2002. The Court is open for the public to watch the meetings.
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[edit] Chief Justice
The President and Vice-president of the Court are elected by their peers for a term of two years, and re-election for a consecutive term is not allowed. However, by centennial tradition, the members of the Court always elect as president the senior minister of the Court that has not yet served as president, and despite the votes being cast in secret ballot. That convention helps avoid turning the election for the presidency of the Court into a political contest, not beffiting judges. If it happens that all members currently sitting on the Court have already served as president, then the rotation starts all over again.
However, due to the existence of a compulsory retirement age, and the consequent appointment of new ministers to fill those vacancies, it is very rare for the cycle to be completed and re-started, and some ministers are forced to retire before their turn in the presidency arrives.
According to the same convention, the Court selects as vice-president for a certain term the minister who, according to that tradition, will be selected president in the succeeding term. Also by tradition, the elections of the president and vice-president are never unanimous, there being always one isolated minority vote in each election, as the ministers who are to be elected never cast their votes for themselves; such votes are cast either for the Dean of the Court – its most senior member – or for some other elder minister that the one to be elected admires and wants to pay homage to.
[edit] History
The court was inaugurated in 1808, the year that the Portuguese royal family arrived in Rio de Janeiro, with the name of House of Appeals of Brazil, Casa de Suplicação do Brasil. With the proclamation of the country's independence and the adoption of the Constitution of the Brazilian Empire in 1824, a successor Court was established, the Supreme Court of Justice (Supremo Tribunal de Justiça), that was only installed five years later, in 1829. With the first Constitution of the Republic, another successor Court was established, with the current name. Although the constitutional norms that regulated the creation of the Court allowed Brazil's first president, Deodoro da Fonseca, to nominate a new composition to the Court, the president chose to nominate as the first members of the Supreme Federal Court the ministers who were then serving as members of the predecessor imperial Court.
The number of members that have died are 200. The Constitution of 1891 decided that the court would have 15 members. When Getúlio Vargas came into power, the number of members was reduced to 11. It changed to 16 in 1965, but returned to 11 in 1969. It has not changed ever since.
Of all Presidents of Brazil, only one, Café Filho, never nominated a minister.
- President Gilmar Mendes (2002 by Fernando Henrique Cardoso) (Compulsory retirement in 2025)
- Vice-President Cezar Peluso (2003 by Luiz Inácio Lula da Silva) (Compulsory retirement in 2012)
- Celso de Mello (1989 by José Sarney) (Compulsory retirement in 2015)
- Marco Aurélio (1990 by Fernando Collor) (Compulsory retirement in 2016)
- Ellen Gracie (2000 by Fernando Henrique Cardoso) (Compulsory retirement in 2018)
- Carlos Britto (2003 by Lula) (Compulsory retirement in 2012)
- Joaquim Barbosa (2003 by Lula) (Compulsory retirement in 2024)
- Eros Grau (2004 by Lula) (Compulsory retirement in 2010)
- Ricardo Lewandowski (2006 by Lula) (Compulsory retirement in 2018)
- Carmen Lúcia Antunes Rocha (2006 by Lula) (Compulsory retirement in 2024)
- Carlos Alberto Menezes Direito (2007 by Lula) (compulsory retirement in 2012)
The president has a two-years term, which cannot be renewed. When the president steps down, by convention, the most senior member who has not been president yet, who, also by convention, is the vice-president, is elected president of the STF.
[edit] 2006
There are four main cases put to the STF vote in 2006: The first is to determine if the abortion of a fetus with no brain is legal. The second is to define if embryonic stem cell research is constitutional or not. The third is to decide over the legality of the postal service monopoly. Finally, the fourth is to determine the constitutionality of the National Council of Justice ruling that banned nepotism from the Judiciary.
[edit] Criticism
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Critics claim that the STF bases most of its decisions in a political way. With the recent Mensalão scandal, former chief of staff José Dirceu requested various writs to halt his expulsion process. Three ministers voted in favour of Dirceu in all writs: Sepúlveda Pertence, Eros Grau and then-president Nelson Jobim.
It is also said that various ministers had electoral pretensions. Former minister, and former judge of the International Court of Justice, Francisco Rezek resigned to become minister of foreign affairs, and after two years was again elected to the court. Former minister Maurício Corrêa admitted the possibility of being a candidate to a state government while he was a minister. Both ministers Pertence and Jobim have been rumored to be potential presidential candidates.
[edit] Changes
Due to the possibility that a single President may appoint several Ministers, thus creating some form of political connection with them which would seem to distort the Court's independence, there has been some discussion about changing the manner of choosing new members. Some think that the current system of appointment works in theory, but should be bettered in practice. The appointment of new Ministers by the President usually finds no obstacles whatsoever in the Senate, where the discussion about the nominee's views and opinions are nothing but a formality. Therefore, there are those who argue that the Senate should start asking questions that really matter and concern the Judiciary Branch. Some others believe that the age of 70, that brings compulsory retirement, should be revised, while there are discussions currently being held in the Senate that argue that the appointment of the Ministers should be divised between the Executive branch, the Legislative branch and the Judicial branch.
