Constitutional Justice in Brazil
As the top organ of the Brazilian Judiciary, the Federal Supreme
Court plays the important role of interpreting the Federal Constitution and of
ensuring that rights and guarantees declared in the constitutional text become
an effective reality to all the Brazilian population. In fulfilling this mission, the
Court shoulders the great political and economic responsibility of applying a
Constitution full of fundamental rights and guarantees of individual and
collective character.
Therefore, by interpreting the Constitution, the Federal Supreme
Court brings forth necessary constitutional evolution, turning the “wishes for
Utopia”1 of the 1988 Constitution into concrete reality. The Court has met the
increasing demand from society with a deep commitment to the realization of
fundamental rights.
The Federal Supreme Court has decided some landmark cases,
dealing, among others, with questions related to racism and anti-Semitism,2
progression of the prison regime,3 party loyalty,4 the right of the political minority
to request the establishment of parliamentary investigating committees,5 and
the ban on nepotism in the public administration.6
1 HÄBERLE, Peter. El Estado Constitucional. Translated by Hector Fix-Fierro, México D.F: Universidad
Autónoma de México; 2001, p. 7
2 STF-HC 82.424/RS, Plenary, Rapporteur Moreira Alves, redactor of the decision Maurício Corrêa,
Justice Gazette of 03.19.2004.
3 STF-HC n° 82.959/SP, Rapporteur Marco Aurélio, Justice Gazette of 09.01.2006.
4 STF-MS 26.602/DF, Rapporteur Eros Grau, Justice Gazette of 10.17.2008.
5 STF-MS 24.831/DF, Rapporteur Celso de Mello, Justice Gazette of 08.04.2006.
6 STF-ADC 12/DF, Rapporteur Carlos Britto, judgment on 08.20.2008.
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The Court has also examined complex questions on the
demarcation of indigenous lands, bearing in mind that the 1988 Constitution
acknowledges the right of indigenous peoples to the lands traditionally occupied
by them and attrib