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Federal government of Brazil

From Wikipedia, the free encyclopedia

Federal government of Brazil
Portuguese: Governo Federal do Brasil
Formation15 November 1889 (1889-11-15)
Founding documentConstitution of Brazil
Jurisdiction Brazil
Websitegov.br
Legislative branch
LegislatureNational Congress
Meeting placeNational Congress Palace
Executive branch
LeaderPresident of the Republic
HeadquartersPlanalto Palace
Main organCabinet
Departments38
Judicial branch
CourtSupreme Federal Court
SeatSupreme Federal Court Palace

TheFederal Government of Brazil (Governo Federal) is the national government of theFederative Republic of Brazil, a republic inSouth America divided into26 states and a federal district. The Brazilian federal government is divided into three branches: the executive, which is headed by thePresident and thecabinet; the legislative, whose powers are vested by theConstitution in theNational Congress; and the judiciary, whose powers are vested in nine organs, including theSupreme Federal Court and lower federal courts. The seat of the federal government is located inBrasília.

Division of powers

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Brazil is afederalpresidential constitutional republic, which is based on arepresentative democracy. The federal government has three independentbranches: executive, legislative, and judicial.[1]

TheFederal Constitution is thesupreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to thestates, to citizens, and to all people within Brazil.[1]

Executive power is exercised by the executive, headed by thePresident, advised by aCabinet of Ministers. The President is both thehead of state and thehead of government.Legislative power is vested upon theNational Congress, a two-chamber legislature comprising theFederal Senate and theChamber of Deputies.Judicial power is exercised by the judiciary, consisting of theSupreme Federal Court, theSuperior Court of Justice and otherSuperior Courts, theNational Justice Council and theregional federal courts.

Logo evolution

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  • 1969–1974 (as president Artur Costa e Silva)
    1969–1974 (as president Artur Costa e Silva)
  • 1974–1979 (as president Ernesto Geisel)
    1974–1979 (as president Ernesto Geisel)
  • 1979–1985 (as president João Figueiredo)
    1979–1985 (as president João Figueiredo)
  • 1985–1988 (as president José Sarney, 1st term)
    1985–1988 (as president José Sarney, 1st term)
  • 1988–1990 (as president José Sarney, 2nd term)
    1988–1990 (as president José Sarney, 2nd term)
  • 1990–1992 (as president Fernando Collor)
    1990–1992 (as president Fernando Collor)
  • 1992–1995 (as president Itamar Franco)
    1992–1995 (as president Itamar Franco)
  • 1995–1997 (as president Fernando Henrique Cardoso, 1st term)
    1995–1997 (as president Fernando Henrique Cardoso, 1st term)
  • 1997–1999 (as president Fernando Henrique Cardoso, 2nd term)
    1997–1999 (as president Fernando Henrique Cardoso, 2nd term)
  • 1999–2002 (as president Fernando Henrique Cardoso, 3rd term)
    1999–2002 (as president Fernando Henrique Cardoso, 3rd term)
  • 2003–2005 (as president Luís Inácio Lula da Silva, 1st term)
    2003–2005 (as president Luís Inácio Lula da Silva, 1st term)
  • 2005-2011 (as president Luís Inácio Lula da Silva, 2nd term)
    2005-2011 (as president Luís Inácio Lula da Silva, 2nd term)
  • 2011–2015 (as president Dilma Rousseff, 1st term)
    2011–2015 (as president Dilma Rousseff, 1st term)
  • 2015-2016 (as president Dilma Rousseff, 2nd term)
    2015-2016 (as president Dilma Rousseff, 2nd term)
  • 2016–2018 (as president Michel Temer)
    2016–2018 (as president Michel Temer)
  • 2018–2023 (as president Jair Bolsonaro)
    2018–2023 (as president Jair Bolsonaro)
  • 2023–2025 (as president Luís Inácio Lula da Silva, 3rd term, 1st half)
    2023–2025 (as president Luís Inácio Lula da Silva, 3rd term, 1st half)
  • 2025–present (as president Luís Inácio Lula da Silva, 3rd term, 2nd half)
    2025–present (as president Luís Inácio Lula da Silva, 3rd term, 2nd half)

Executive branch

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Further information:President of Brazil andCabinet of Brazil
Palácio do Planalto, headquarters of the Executive Branch of the Brazilian Government
Main office-holders
OfficeNamePartySince
President of the RepublicLuiz Inácio Lula da SilvaWorkers' Party1 January 2023
Vice President of the RepublicGeraldo AlckminBrazilian Socialist Party1 January 2023

Legislative branch

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The bicameralNational Congress (Congresso Nacional) consists of:[2]

There are no limits on the number of terms one may serve for either chamber. The seats are allotted proportionally to each state's population, but each state is eligible for a minimum of eight seats and a maximum of 70 seats. The result is a system weighted in favor of smaller states that are part of the Brazilian federation.

Currently, 15 political parties are represented inCongress.[citation needed] Since it is common for politicians to switch parties, the proportion of congressional seats held by particular parties changes regularly. To avoid that, theSupreme Federal Court ruled in 2007 that the term belongs to the parties, and not to the representatives.[citation needed]

Main office-holders
OfficeNamePartySince
President of the Federal SenateDavi AlcolumbreBrazil Union1 February 2025
President of the Chamber of DeputiesHugo MottaRepublicanos1 February 2025

Judicial branch

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Main article:Judiciary of Brazil

Brazilian courts function undercivil lawadversarial system. The Judicial branch is organized in states' and federal systems with different jurisdictions.

The judges of the courts of the first instance take office afterpublic competitive examination. The second instance judges are promoted among the first instance judges. The Justices of the superior courts are appointed by the President for life and approved by the Senate. All the judges and justices must be graduated in law. Brazilian judges must retire at the age of 70.

Federal judicial branch

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Superior Court of Justice

The national territory is divided into five regions, which are composed of two or more states. Each region is divided into Judiciary Sections (Seções Judiciárias in Portuguese), coterminous with the territory of each state, and subdivided in Judiciary Subsections (Subseções Judiciárias), each with a territory that may not correspond to the states' comarcas.

The Judiciary subsections have federal courts of the first instance and each Region has a Federal Regional Tribunal (Tribunal Regional Federal) as a court of the second instance.

There are special federal court systems, in which such asLabour Court (Justiça do Trabalho) for labor or employment-related matters and disputes,Election Justice (Justiça Eleitoral) for electoral matters, andMilitary Justice (Justiça Militar) for martial criminal cases, each of them with its own courts.

Superior Courts

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Supreme Federal Court

There are two national superior courts that grantwrits ofcertiorari in civil and criminal cases: the Superior Justice Tribunal (Superior Tribunal de Justiça, STJ) and the federalsupreme court, called theSupreme Federal Court (Portuguese:Supremo Tribunal Federal).

The STJ grants a Special Appeal (Recurso Especial) when a judgment of a court of the second instance offends a federalstatute disposition, or when two or more second instance courts make different rulings on the same federal statute. There are parallel courts forlabor law,electoral law andmilitary law.

The STF grants Extraordinary Appeals (Recurso Extraordinário) when judgments of second instance courts violate the constitution. The STF is the last instance for the writ ofhabeas corpus and for reviews of judgments from the STJ.

The superior courts do not analyze any factual questions in their judgments, but only the application of the law and the constitution. Facts and evidence are judged by the courts of the second instance, except in specific cases such as writs ofhabeas corpus.

See also

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References

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  1. ^abDr. Sabatini, Christopher; Wallace, Jon (24 January 2023)."Democracy in Brazil".Chatham Housee.
  2. ^"Freedom in the World 2021".

External links

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