14/05/2020 14:43:17 - Atualizado há


Understanding the jurisdiction of the Brazilian Federal Supreme Court (STF) 

The main role of the Brazilian Federal Supreme Court (STF) is to guard and interpret the Constitution. Due to such competence, STF is responsible for deciding matters related to the Constitution or about which there is doubt or controversy through special legal actions that work as instruments to evaluate the constitutionality of laws and matters. These instruments are:

· Direct Action for the Declaration of Unconstitutionality (ADI): it is an action directed to uphold a law or normative act contrary to the Constitutional text.

· Action for the Declaration of Constitutionality (ADC): it is an instrument directed to declare constitutional any law or federal norm about which there is controversy or relevant doubt as to the interpretation of the Constitution.

· Action for the Declaration of Unconstitutionality by Omission (ADO): it is directed to gauging of unconstitutionality in face of an omission from lawmakers to legislate, limiting, thus the exercise of certain rights due to lack of regulamentation.

· Action Against a Violation of a Constitutional Fundamental Right (ADPF): It is an action directed to protect fundamental precepts, mostly guidelines and principles present in the Constitution, from contrary laws or normative acts in case of relevant constitutional controversy.

The Supreme Federal Court also decides appeals in last instance and matters of its jurisdiction such as:

· Habeas Corpus: it is originally an action destined to guarantee the right of freedom of movement. It is the competence of the Federal Supreme Court when the constrained party is the President of the Republic, the Vice-President, members of the National Congress, the Court’s own Justices and the Procurator-General of the Republic, or when it is to be decided as an appeal in last instance.

· Writ of Mandamus and Habeas dDta: the writ of security is an action designed to protect any liquid an certain right and the habeas data guards the right to knowledge of personal information in records or databasis. The Supreme Court shall decide such action when they are issued against acts of the President of the Republic, Executive Committees of the Chamber of Deputies and Federal Senate, Tribunal of Accounts of the Union, Attorney-General of the Republic and the Supreme Court itself. It will be also in the competence of STF to decide such actions as appeals in last instance.

·Request of Extradition requests from foreign Nations.

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