Supreme Federal Court


The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On questions involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.

History

The court was inaugurated during the colonial era in 1808, the year that the royal family of Portugal arrived in Rio de Janeiro. It was originally called the House of Appeals of Brazil.
The proclamation of the Brazilian Declaration of Independence and the adoption of the Imperial Constitution in 1824 preceded the establishment of the Supreme Court of Justice in 1829. With the first Constitution of the Republic, the current Court was established.
Although the constitutional norms that regulated the creation of the Court allowed Deodoro da Fonseca, Brazil's first president, to nominate an entirely new 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.
Two hundred members have served on the Court. 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. The number was changed to 16 in 1965, but returned to 11 in 1969 and has not changed since. Of all Presidents of Brazil, only one never nominated a minister.
All judicial and administrative meetings of the Supreme Court have been broadcast live on television since 2002. The Court is open for the public to watch the meetings.

Functions

Alongside its appeal competence, mostly by the Extraordinary Appeal, the Court has a small range of cases of original jurisdiction, including the power of judicial review, judging the constitutionality of laws passed by the National Congress, through a Direct Action of Unconstitutionality. There are also other mechanisms for reaching the Court directly, such as the Declaratory Action of Constitutionality and the Direct Action of Unconstitutionality by Omission.

Case law

In May 2009 The Economist called the Supreme Federal Court "the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year."
Overruling seems to be frequent in SFC jurisprudence: "three years ago when the STF adopted the understanding that defendants who have a conviction upheld by a single appellate court may be sent to jail to begin serving their sentences. The 2016 decision happened largely due to a change in opinion from Justice Gilmar Mendes. He had voted against sending defendants to jail after a single failed appeal in 2009, but changed his mind in 2016. Jump to 2019, and the circumstances – both political and judicial – have changed".

President of the Court

The President and Vice-president of the Court are elected by their peers for a term of two years by secret ballot. The currently serving President is Dias Toffoli.
Re-election for a consecutive term is not allowed. By tradition, the members of the Court always elect as president the most senior minister of the Court that has not yet served as President, to avoid politicization of the Court. Therefore, it is known beforehand that the next Presidents of the Court, after Dias Toffoli, will be, in order, Luiz Fux and Rosa Weber.
If all members currently sitting on the Court have already served as president, 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 restarted, and some ministers are forced to retire before their turn in the presidency arrives, as was expected to happen with Teori Zavascki.
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.
The Chief Justice is also the 4th in the Presidential Succession Line, when the President of Brazil becomes prevented to be in charge, being preceded by the Vice-President, the President of the Chamber of Deputies, and the President of the Federal Senate, as provided in Article 80 of the Brazilian Constitution.

Current members

The eleven judges of the court are called Ministers, although having no similarity with the government body of ministers. They are appointed by the President and approved by the Senate. There is no term length but a mandatory retirement age of 75.
Order of
antiquity		MinisterBorn Appointed byAge in inaugurationInitial date
Limit date
Main previous functions
1
José Celso de Mello Filho		1 November 1945 in
São Paulo		José Sarney4317 August 19892020District attorney and prosecutor of Justice of Public Prosecutor's Office of the state of São Paulo
2
Marco Aurélio Mendes de Farias Mello		12 June 1946 in
Rio de Janeiro		Fernando Collor de Mello4313 June 19902021Labor prosecutor, judge of Regional Labor Court - 1st Region, minister of the TST
3
Gilmar Ferreira Mendes		30 December 1955 in
Mato Grosso		Fernando Henrique Cardoso4620 June 20022030Prosecutor of the Republic, deputy chief for Legal Issues of the Chief of Staff, Attorney General of the Union
4
Enrique Ricardo Lewandowski		11 May 1948 in
Rio de Janeiro		Luiz Inácio Lula da Silva5716 May 20062023Lawyer, judge from Criminal Arres Court of São Paulo, desembargador of Justice Court of the State of São Paulo, professor of State law in Law School, University of São Paulo
5
Cármen Lúcia Antunes Rocha		19 April 1954 in
Minas Gerais		Luiz Inácio Lula da Silva5221 June 20062029Attorney of the State of Minas Gerais
6
José Antonio Dias Toffoli		15 November 1967 in
São Paulo		Luiz Inácio Lula da Silva4123 October 20092042Lawyer, deputy chief for Legal Issues of the Chief of Staff, Attorney General of the Union
7
Luiz Fux		26 April 1953 in
Rio de Janeiro		Dilma Rousseff573 March 20112028Prosecutor of Public Prosecutor's Office of Rio de Janeiro, judge of the state of Rio de Janeiro, desembargador of the Justice Court of the state of Rio de Janeiro, minister of STJ
8
Rosa Maria Weber Candiota da Rosa		2 October 1948 in
Rio Grande do Sul		Dilma Rousseff6319 December 20112023Labor judge, judge of Regional Labor Court - 4th Region, minister of TST
9
Luís Roberto Barroso		11 March 1958 in
Rio de Janeiro		Dilma Rousseff5526 June 20132033Lawyer, Attorney of the State of Rio de Janeiro
10
Luiz Edson Fachin		8 February 1958 in
Rio Grande do Sul		Dilma Rousseff5716 June 20152033Lawyer, Attorney of the State of Paraná
11
Alexandre de Moraes		13 December 1968 in
São Paulo		Michel Temer4822 March 20172043Prosecutor of the Public Prosecutor's Office of the state of São Paulo, lawyer of public law, minister of Justice and Public Security

; Notes