Judgment Reviews Law at Brazil
Brazil's judicial system provides structured mechanisms for reviewing judgments, ensuring fairness and the correction of errors. Here's an overview of how judgment reviews are conducted:
⚖️ Judicial Review Mechanisms in Brazil
1. Superior Court of Justice (STJ)
The STJ is the highest appellate court in Brazil for non-constitutional issues concerning federal law. It has the authority to review judgments from lower courts when they involve federal statutes or when there are conflicting interpretations of the same federal law. The STJ focuses on legal questions and does not re-examine factual matters or evidence presented in the original case.
2. Supreme Federal Court (STF)
The STF is Brazil's highest court and serves as the constitutional court. It reviews cases that involve constitutional issues, ensuring that laws and government actions comply with the Constitution. The STF also has original jurisdiction over certain cases, such as those involving high-ranking officials.
In civil and criminal cases, parties dissatisfied with a decision from a lower court can file an appeal. The appellate court reviews the case to determine if there were legal or procedural errors in the original judgment. If the appellate court finds such errors, it may overturn or modify the lower court's decision. In certain situations, if there is a divergence in decisions within the same court, an appeal can be filed to address the inconsistency.
📌 Notable Case: Right to Be Forgotten
In 2018, the STJ ruled in favor of the "right to be forgotten," allowing individuals to request the removal of outdated or irelevant information about them from search engine results This decision highlighted the balance between privacy rights and freedom of expression in the digital age
✅ Summary Table
| Court | Jurisdiction | Focus | |-----------|------------------|-----------| | STJ | Federal law | Legal questions, conflicting interpretations | | STF | Constitutional law | Constitutional issues, cases involving high-ranking officials | | Appellate Courts | Civil and criminal cases | Review of legal and procedural errors in lower court decisions
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