The Three Branches of the Brazilian Government
Executive Power
In Brazil’s presidential system, the Federal Executive Power is exercised by the President of the Republic, who is assisted by Ministers of State.
Election and Term
The President and Vice-President are elected through direct and secret ballot for a four-year term. A 1997 constitutional amendment allows for re-election for one subsequent term.
Succession
In case of the President’s impediment or vacancy, the following individuals are called upon to assume office, in this order: the Vice-President, the President of the Chamber of Deputies, the President of the Senate, and the President of the Supreme Federal Court.
Responsibilities
The President’s responsibilities include heading the government, managing public affairs, enforcing laws, initiating the legislative process, vetoing bills, declaring war, appointing officials, and issuing provisional measures with the force of law.
Ministers of State
Ministers of State are responsible for guiding, coordinating, and supervising agencies and entities within their respective areas. They endorse acts signed by the President and issue instructions for implementing laws, decrees, and regulations. The President appoints ministers based on political and technical criteria.
Administration
The Executive Branch functions through Direct and Indirect Administration.
Legislative Power
The Legislative Power is responsible for exercising the legislative function of the State, which involves regulating the relationships between individuals and the State itself through the creation of laws.
Bicameral System
Brazil’s Legislature is organized in a bicameral system, with the National Congress consisting of the Chamber of Deputies (representing the people) and the Senate (representing the Federal States). Both chambers have autonomy, powers, privileges, and immunities related to their organization and functioning.
Chamber of Deputies
The Chamber of Deputies currently has 513 members elected by proportional representation based on each state’s population and the Federal District. Their term is four years. The number of elected members can vary due to population proportionality. The Federal Constitution of 1988 established that no federal unit can have less than eight or more than 70 representatives.
Senate
The Senate has 81 members elected by the majority system (three for each state and the Federal District) serving eight-year terms. The Senate renews itself every four years, with one-third and two-thirds of its members alternating in elections.
Party Representation
Elected deputies and senators become part of their respective party caucuses. Party groups choose leaders to represent them and guide their benches during legislative work. The government also has leaders in the Chamber, Senate, and Congress.
Organization and Structure
The Congress and its chambers are organized and coordinated by their respective boards. The boards of the Chamber of Deputies and the Senate are generally chaired by a representative of the majority party in each house, with a two-year term. The board consists of a president, two vice presidents, and four secretaries.
The board of the National Congress is chaired by the President of the Senate, with other positions held alternately by members of the boards of both chambers.
Committees
Committees within each chamber assess and act on matters submitted for review. The composition of each committee ensures proportional representation of parties and parliamentary blocs. The Chamber of Deputies has 18 standing committees, while the Senate has seven. Temporary committees can also be formed to address specific issues for a limited time, such as Parliamentary Committees of Inquiry (CPI), external commissions, and special committees.
Joint committees composed of deputies and senators also exist. The only permanent joint committee is the Committee on Plans, Public Budgets, and Auditing. Additionally, there is the Brazilian Representation of the Joint Parliamentary Commission of Mercosur.
Legislative Process
The legislative process involves preparing and enacting various legal instruments, including constitutional amendments, complementary laws, ordinary laws, delegated laws, provisional measures, legislative decrees, and resolutions. Each instrument follows specific procedures outlined in internal regulations.
Powers of Congress
Beyond its legislative powers, Congress also holds deliberative, supervisory, and control powers. It can also judge crimes of responsibility and exercise other powers as stipulated in the 1988 Constitution.
Current Legislature and Sessions
Congress is currently in its 52nd Legislature, covering the period from February 2003 to February 2006, coinciding with the deputies’ mandates. The 3rd Regular Legislative Session, the annual period for legislative work, runs from February 15 to June 30 and August 1 to December 15. Congress can also work during special sessions to address specific matters.
Location and Visitation
The Congress building is located in BrasÃlia’s central area, near the executive and judicial branches, forming the Three Powers Plaza. The Congress complex offers various services, including libraries, bookstores, newsstands, barber shops, banks, and restaurants. Both chambers of the federal legislature offer scheduled visits to the public.
Judiciary Power
The Judiciary’s role within a democratic state is to apply the law to specific cases, ensuring justice and the realization of individual rights in social relations.
Structure and Instances
The Judiciary’s structure is based on a hierarchy of bodies, forming instances. The first instance is the initial body to review and decide on lawsuits. Higher instances review decisions made by lower courts, typically in collegiate bodies with multiple judges.
The principle of double jurisdiction allows judgments at the first instance to be submitted to a higher court for review.
Jurisdiction
Higher courts also have original jurisdiction, meaning certain cases can be presented directly to them without going through lower courts. The Constitution defines the original jurisdiction of each court.
The Judiciary’s organization is based on the division of competence between various bodies at the state and federal levels.
State Courts
State courts handle cases that do not fall under the jurisdiction of the Federal Court or specialized courts.
Federal Court
The Federal Court consists of common law courts (federal judges) and specialized courts (Labor, Electoral, and Military Justices). Common law courts handle cases involving the Union, local authorities, or federal public companies.
Labor Courts
Labor Courts conciliate and adjudicate individual and collective conflicts between workers and employers. They consist of Conciliation and Judgment Boards, Regional Labor Courts (with judges appointed by the President), and the Superior Labor Court (with 27 ministers appointed by the President and approved by the Senate).
Electoral Courts
Electoral Courts are primarily responsible for organizing, supervising, and verifying elections and certifying elected officials. They consist of electoral boards, Regional Electoral Courts (with seven judges), and the Superior Electoral Court (also with seven ministers).
Military Courts
Military courts try and judge military crimes as defined by law. They consist of judges, auditors, Councils of Justice (special or permanent), and the Superior Military Court (with 15 ministers appointed by the President and approved by the Senate).
Judiciary Bodies
- **Supreme Federal Court (STF):** The highest organ of the Judiciary, responsible for safeguarding the Federal Constitution. It consists of 11 ministers appointed by the President and approved by the Senate. The STF has original jurisdiction over specific matters and reviews cases involving disobedience to the Constitution.
- **Superior Court of Justice (STJ):** Responsible for ensuring the uniform interpretation of federal law and harmonizing decisions by regional courts. It consists of at least 33 ministers appointed by the President. The STJ has original jurisdiction over specific matters and reviews cases involving contradictions with federal laws.
- **Regional Courts:** These courts judge cases from various states, divided by regions. They include Federal Regional Courts (five regions), Regional Labor Courts (24 regions), and Regional Electoral Courts (27 regions).
- **State and Federal District Courts of Appeals:** Organized according to state constitutions and the Statute of Magistrates. They review cases on appeal or within their original jurisdiction, handling common matters that do not fall under the competence of specialized federal courts.
- **Courts of First Instance:** The starting point for most state and federal lawsuits (common and specialized). They include state judges and federal common and specialized courts (Labor, Electoral, and Military judges).