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48-542: CNJ can refer to: The National Justice Council of Brazil Central Railroad of New Jersey Central Railroad of New Jersey 113 The College of New Jersey , commonly abbreviated as TCNJ or CNJ. Camden New Journal , a free newspaper in the London Borough of Camden Chick'n Joy , a fastfood restaurant Chun Nan Jun , a Chinese auto manufacturer Cloncurry Airport , IATA airport code "CNJ" Topics referred to by

96-460: A court of first instance for most cases. In large judicial districts with two or more trial courts, there may be Small claims courts as well as specialized courts by subject, such as courts handling exclusively criminal cases or family litigation . Judgments from the trial courts can be the subject of judicial review following appeals to the Courts of Justice. Each court of first instance has

144-500: A federal statute disposition or when two or more second instance courts rule differently on the same federal statute. The Superior Court of Justice also has a role in the adjudication of common crimes committed by certain officials who are accorded the special status of " privileged forum " defined by the law to apply to state governors, appellate court judges, and some other positions of higher prestige in Brazil's public service, who skip

192-694: A foreign state or international organization and the Brazilian Federal Government, its states , the federal district and territories, or just between the internal federative units themselves and the federal government; extradition requests; injunction mandates against federal entities; and other specific cases related to the judiciary and the maintenance of the Court's authority. Its appellate jurisdiction involves: ordinary appeals of superior court decisions; extraordinary appeals ( recurso extraordinário ) of decisions of appellate courts which violate

240-619: A spotless reputation and notable juridical knowledge, initially suggested by the President , and after vetting and approval by the Senate, through the Commission of Constitution, Justice and Citizenship and then a vote where they must be approved by an absolute majority of all members of the Brazilian Senate to then be properly named by the President . The jurisdiction of the Court is defined by

288-713: Is different from Wikidata All article disambiguation pages All disambiguation pages National Justice Council The 15-member Council was established on December 31, 2004, by the 45th Amendment to the Constitution of Brazil , and inaugurated on June 14, 2005. The President of the Council is the President of the Supreme Federal Court . The idea of the National Council of Justice began as an initiative of

336-532: Is no Labor Court, cases of labor law can be presented to the local judge. The second instance is composed of the Regional Labor Courts , organized in 22 regions over the country, most of those receiving a specific State , these Courts have jurisdiction over collective complaints on the state-level and also appellate jurisdiction over cases handled by the local judges. The Regional Labor Courts are composed of at least seven judges, unofficially given

384-572: Is required to petition the CNJ. The council is made up of 15 members with a two-year term of office, reelection being permitted, as follows: The President of the National Council of Justice is also the Chief Justice of the Supreme Federal Court (STF), who is nominated by their peers to a two-year term. Among the rights and duties of council members established by the Constitution (art. 103-B, § 4) and

432-410: Is the highest Brazilian court for non-constitutional issues concerning both states and Federal ordinary courts, dealing mainly with matters of Common Justice. Its responsibility is to standardize the interpretation of federal in the country's territory. To achieve this purpose, the Court has a special appeal available for cases where a judgement rendered by a court of second instance conflicts with

480-451: Is to improve the work of the Brazilian judicial system, mainly with regard to control and administrative and procedural transparency. In addition, it seeks to prioritize the efficiency of judicial services, formulating and executing national judicial policies and acting in the promotion and dissemination of best practices. According to the Constitution, the CNJ is responsible for safeguarding

528-711: The President , ministers must come from a diverse background, with a third from federal appellate courts, a third from state-level appellate courts, and the last third hailing from the Public Ministry . The Brazilian Electoral system is controlled by the country's Judiciary, specifically the Regional Electoral Courts ( Tribunais Regionais Eleitorais ), the Superior Electoral Court ( Tribunal Superior Eleitoral ) and electoral judges, notably it does not have its own magistrature, being composed for

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576-571: The Regional Labor Courts and cases regarding its own jurisdiction and the maintenance of its authority. The military justice system is divided between the federal military justice and the state military justice, the first is in charge of matters concerning the Brazilian Armed Forces . The first instance of the federal military justice are the Councils of Justice, formed by a military judge and four officers, whose positions and rank depend on

624-646: The Superior Labor Court ( Tribunal Superior do Trabalho ). Headquartered in Brasilia , the Superior Labor Court ( Tribunal Superior do Trabalho ) is the highest court for the Labor Justice. It is composed of 27 ministers, named by the President of Brazil after approval by the Brazilian Senate , a fifth of whom must be lawyers or members of the Public Ministry , with the rest composed of Labor Judges. Its jurisdiction involves appeals from cases already in

672-497: The Supreme Federal Court (STF) defined the jurisdiction of the CNJ as being below that of the STF, thus placing the STF at the top of the hierarchy of the Brazilian judiciary, and placing all acts and decisions of the Council as subject to the control of the STF. In other words, the oversight role of the Council does not include the acts and members of the STF, but does include everything else below it. The STF confirmed (in sumula 649) that

720-532: The second instance , named by the President , recruited preferably from the region, with at least a fifth of those recruited from lawyers with at least ten years of experience. . The Regional Court serves mainly as an Appellate Court for cases from the Judges in the region, whose jurisdiction is defined in articles 108 and 109 of the Brazilian Constitution: As a matter of internal organization, while

768-444: The CNJ is purely constitutional-administrative, with financial and disciplinary control of the judiciary, but without any legislative or jurisdictional authority. It is thus forbidden to act in any way that would innovate new legal theories (ADI 3367). It is also forbidden to act as a court of cassation, or in review of any judicial decision, and in particular it is excluded from jurisdiction on questions of constitutionality. Further,

816-497: The CNJ was unconstitional because of breach of judicial independence was quashed by the STF, which ruled, in ADI 3.367, that because it does not judge any case nor have any jurisdiction over the day-to-day operation of the judiciary, there was no such issue of breach of judicial independence. Recent elections The National Council of Justice is a body of the Judiciary of Brazil whose goal

864-528: The Constitution divides the judiciary into nine organs: There is no judicial organization at the municipality level. Created by Constitutional Amendment 45 of 2004, also known as the Judicial Reform amendment, the National Council of Justice ( Conselho Nacional de Justiça ) has the express purpose of controlling the administrative and financial performance of the judiciary and the fulfillment of

912-487: The Council has national scope, and that the states are barred from creating a local judiciary control body that is outside the framework of the national judiciary. Any citizen can contact the Council to file a complaint against members or bodies of the Judiciary, including auxiliary services, registry offices, and notary publics and registration services that operate under delegated or officialized public authority. No attorney

960-546: The Internal Regulations (arts. 4, 17, and 18) are, among others: This article about government in Brazil is a stub . You can help Misplaced Pages by expanding it . This article relating to the law of Brazil is a stub . You can help Misplaced Pages by expanding it . Judiciary of Brazil Recent elections The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out

1008-571: The President of the Republic in 1977 with Constitutional Amendment 7 which amended the 1967 Constitution . The initiative added the "Conselho Nacional da Magistratura" to article 112, and added a new section III, article 120 about the Conselho. It was made up of seven members of the STF, chosen by the STF itself with the participation of the Prosecutor General of the Republic for a two-year term. This

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1056-750: The Regional Courts involve several States, they are internally divided between the States, with each State having its own Section, headquartered in the Capital, with Subsections defined by law spread over the cities of the State. Together with the Superior Labor Court , the Regional Labor Courts and Labor Judges compose the general Labor Justice System of Brazil, with jurisdiction over most labor cases , including collective cases regarding Trade Unions . They have no jurisdiction over civil servants, except in specific cases at

1104-558: The Superior or Regional Courts, issue Electoral IDs and grant Electoral Transfer, take action to prevent illicit actions during elections. Finally, the Electoral Juntas are composed of a Judge, who serves as president of the Junta, and two to four citizens with honest reputation. These Juntas are in charge of solving challenges and incidents regarding the counting of votes and issue Diplomas to

1152-485: The accused, councils are divided between special councils, with jurisdiction over officers and Permanent Councils, with jurisdiction over those of enlisted rank ( Praças ). The second instance of the federal military justice is the Superior Military Court ( Superior Tribunal Militar ), which acts as an appellate court for the Councils of Justice and also for specific appeals from the second instance of

1200-478: The autonomy of the Judiciary and ensuring compliance with the Statute of the Judiciary, defining plans, goals, and institutional evaluation programs for the Judiciary, receiving complaints, electronic petitions, and representations against members or bodies of the Judiciary, judging disciplinary proceedings, and improving practices and expediency, publishing biannual statistical reports on jurisdictional activity throughout

1248-436: The candidates elected in municipal elections. The highest court of a state judicial system is the Court of Justice ( Tribunal de Justiça ). There are 27 Courts of Justice, one per Brazilian state , headquartered in the state capital, functioning mostly as an appellate court , and one in the federal capital. Second instance judgments are usually rendered by three judges, called desembargadores , however in specific cases

1296-505: The constitution and is divided in two groups: matters of original jurisdiction, and matters of appellate jurisdiction. The difference is whether the lawsuit starts in the Court itself or reaches the court through an appeal. Matters of original jurisdiction are: direct unconstitutionality lawsuits ( Ação Direta de Inconstitucionalidade ); constitutional declaration lawsuits ( Ação Declaratória de Constitutionalidade ); cases of privileged venue (" foro privilegiado "); lawsuits between

1344-655: The constitution, declare unconstitutional a federal law, or involve conflicts between federal law and the laws of states and municipalities ; There are four federal superior courts, the Superior Court of Justice (STJ), the Superior Electoral Court (TSE), the Superior Labor Court (TST), and the Superior Military Court (STM). The Superior Court of Justice ( Superior Tribunal de Justiça )

1392-416: The country's judicial functions. The Federal government of Brazil is defined by the 1988 constitution which defines a tripartite separation of powers into the legislative , executive , and judicial branches of government. Aside from those, the country also has the Public Ministry which acts autonomously and has in the past been referred to as the country's fourth branch. In terms of jurisdiction,

1440-551: The country. Furthermore, the CNJ develops and coordinates several national programs prioritizing areas such as the Environment, Human Rights, Technology, and Institutional Management. Among these are public judicial policies addressing violence against women, reintegrating former prison inmates, promoting of appropriate conflict resolution methods, increasing the productivity of judges and courts, late paternity recognition, adoption of children and adolescents, among others. The role of

1488-399: The courts of first instance and are judged exclusively by the Superior Court, which also is responsible for habeas corpus and other appeals filed by these public servants. It is composed of 33 ministers, chosen by the President of Brazil from three choices named by the Court itself, with prospective ministers also having to do a public Sabbath in the Senate in order to finally be named by

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1536-532: The decision may be made by a single judge. Large courts are usually divided into different sections, specialized by subject matter. The state military justice system has jurisdiction over the Auxiliary Forces, composed of the States' Military Police and Military Firefighters Corps . The State Military Justice is organized on the State-level, with the first instance having a few particularities in regard to

1584-451: The duties of individual judges. Its constitutional duties are to watch over the judiciary's autonomy and the maintenance of the Statue of Magistrature, ensure the constitutional principles of legality, impersonality, morality, publicity and efficiency are followed by the public administration, define aspects of the internal administration of the Judiciary, receive complaints against members of

1632-586: The executive or legislative branches. In 1992, the debate was taken up once again, this time in the National Congress , at the same time as the Judiciary Reform ( Reforma do Judiciário ). After a lot of back-and-forth, constitutional amendment 45 was finally approved in 2004, and the CNJ was inaugurated on June 14, 2005, expanding the original disciplinary function of the Conselho, and adding administrative and planning functions. The oppositional theory that

1680-593: The greater push for judiciary reform. It finally became law twelve years later. STJ TSE TST STM The Supreme Federal Court ( Supremo Tribunal Federal ) is the highest body of the Brazilian Judiciary. Its main responsibility is to serve as the ultimate guardian of the Brazilian Constitution, with the roles of a constitutional court . It is composed of eleven ministers. Its ministers are chosen from citizens between 35 and 65 years of age, with

1728-524: The judiciary and judge disciplinary procedures against them. The historical antecedent of the council is the National Council of Magistrature ( Conselho Nacional da Magistratura ), created in 1975 with correctional powers over members of Brazilian courts, however without truly interfering in the Judiciary's autonomy. Attempts to increase this control recurred during the Constitutional Assembly of 1988, without success, and again in 1992 as part of

1776-495: The main division is between common justice ( Portuguese : Justiça Comum ) and specialized justice ( Justiça Especializada ). Common justice, composed of federal and state justices (and the Federal District's own justice), handles most civil and criminal cases. Specialized justice, composed of electoral, military and labor justices, handles more specialized cases which also have their own specific procedures. Article 92 of

1824-485: The most part of magistrates from other Courts and the Judiciary. The Superior Electoral Court is composed of seven members, three chosen from the ministers of Supreme Federal Court , two chosen from ministers of the Superior Court of Justice and two chosen from lawyers indicated by the Supreme Federal Court and named by the President of Brazil . Its jurisdiction involves the registry of Brazilian Policital Parties ,

1872-542: The municipal level and employees of nationalized companies, such as Petrobras and the Correios . The first instance is composed of the Labor Judges, organized in specific Labor Courts ( Varas do Trabalho , present in most major cities, with jurisdiction to receive most complaints from individual workers, often without the need of a lawyer, and also judge administrative matters concerning labor law. Exceptionally, when there

1920-426: The officers rank and post, as the Auxiliary Forces do not have Generals, and the second instance being either a State-level Court of Military Justice or a specific board within the State's ordinary Court of Justice. Each state territory is divided into judicial districts ( comarca ), which are composed of one or more municipalities . Each judicial district has at least one trial court ( Vara ) that functions as

1968-463: The organization of Electoral Zones, the maintenance of its authority and its appellate jurisdiction over decisions of the Regional Courts. The National Labor Council ( Conselho Nacional do Trabalho ), was created in 1923 as a subdivision of the Ministry of Agriculture, Industry and Commerce, as such, it was originally part of the executive branch rather than the judiciary. In 1946 it was reformed into

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2016-586: The period of redemocratization in Brazil , the question arose again, with the Afonso Arinos Commission, supported by the Brazilian Bar Association , which proposed the creation of an external control "Council" with administrative and oversight duties. However, the proposal failed in the face of pressure from the national judiciary, which named fears about judicial independence, breach of the separation of powers, and absence of similar bodies in

2064-537: The positions of Governor, Vice-Governor, and Federal and Local Congressmen, the Courts organize the local Electoral Juntas, designating their headquarters and jurisdiction, have the duty to maintain their authority with a provision to call upon federal assistance, and also serve as an appellate court to judgements made by Electoral Judges. The Electoral Judges are the State and Federal District first instance judges, their jurisdiction involves processing and judging common and electoral crimes, except those of jurisdiction of

2112-403: The same term [REDACTED] This disambiguation page lists articles associated with the title CNJ . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=CNJ&oldid=1078747905 " Category : Disambiguation pages Hidden categories: Short description

2160-626: The second-instance State Courts, two chosen by the State Courts from the first-instance judges, one judge of the Regional Federal Court headquartered in the State's capital, or if there isn't, a Federal Judge, the last two are named from six lawyers of notable juridical knowledge indicated by the local State Court. These Courts have jurisdiction over the registry of the Municipal and State Directories of Brazilian Political Parties, candidates to

2208-579: The state military justice. There are five Federal Regional Courts ( Tribunal Regional Federal - TRF), each covering several Brazilian states . They are established by articles 107 and 108 of the Constitution . Together with the Federal judges ( juízes federais ), the Federal Regional Courts make up the Federal Courts of Brazil . Each Federal Regional Court has at least seven judges of

2256-496: The title of Desembargador , recruited preferably from the local region, of whom a fifth must be lawyers with at least ten years of experience or members of the Labor Public Ministry , similarly to other Regional Courts, they are named by the President of Brazil with approval from the Brazilian Senate . The Regional Courts are distributed through the country's State capitals, each composed of seven judges, two chosen from

2304-427: Was later regulated by complementary Law 35/1979 (Organic Law of the Judiciary - LOMAN). It had a disciplinary function, with national jurisdiction over complaints against members of the courts, and personnel issues such as retirement and benefits. The question of jurisdiction arose, regarding independence of the judiciary, but didn't go anywhere, and the Council was seen as only a general internal affairs office. During

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