The legislature of Brazil

Legislative power is exercised by the bicameral National Congress (Congresso Nacional), comprising the Chamber of Deputies (Câmara dos Deputados) and the Federal Senate (Senado Federal). Congress meets every year in two sessions of four and a half months each. The constitution gives Congress the power to rule in matters involving the federal government, particularly those related to fiscal policies and to the administration of the union. Congress also ratifies international treaties negotiated by the executive, authorizes the president to declare war, and decides whether or not the federal government may intervene in the affairs of the states. If the president vetoes a congressional bill or any of its provisions, Congress has 30 days to overrule the veto by an absolute majority vote.

The Chamber of Deputies consists of representatives of the states elected every four years by direct universal suffrage. The number of deputies is in rough proportion to the population of each state, but no state can be represented in the chamber by more than 70 or by fewer than eight deputies. This system grants a disproportionate share of political power to the states of the Northeast and North and severely underrepresents the heavily populated state of São Paulo.

The 81-seat Federal Senate is composed of three representatives from each state and the Federal District who serve eight-year terms. Senatorial elections are held every four years, alternating between one-third (27) and the remaining two-thirds (54) of the seats. Senators are directly elected by the residents of each state.

The executive

Executive power is exercised by the president, who is head of state and government, is directly elected to a four-year term (and is eligible for one reelection), and appoints a cabinet of various ministers of state and several other heads of ministerial-level departments. The executive has wide powers, particularly in economic and foreign policy, finances, and internal security. The president can submit bills to Congress and request legislative approval within 30 days; if Congress does not comply within this period, the bill is considered approved. The president can partly or totally veto any bill submitted by Congress in addition to issuing provisional measures that remain in effect for 30-day periods. The president is also commander in chief of the armed forces; in practice, however, civil-military relations in Brazil have never been taken for granted (see Armed forces and security).

Justice

The Brazilian judicial system is divided into two branches: the ordinary branch, made up of state and federal courts, and the special branch, made up of labour, electoral, and military courts.

The Supreme Federal Court (Supremo Tribunal Federal) is Brazil’s highest court. It is composed of 11 members nominated by the president with the approval of the Federal Senate. The court provides final rulings on constitutional issues and hears cases involving the president, the vice president, Congress, the judiciary, the attorney general, government ministers, diplomats, foreign countries, and the political or administrative divisions of the union.

The Higher Court of Justice (Superior Tribunal de Justiça) consists of 33 judges appointed by the president with the approval of the Senate. It is the highest court in the land regarding nonconstitutional matters and also hears cases involving governors of the states and the Federal District. The ordinary branch also includes federal courts of appeal known as Regional Federal Courts. Each state has state and federal courts that exercise first-instance jurisdiction.

Of the special branch courts, electoral courts are responsible for the registration of political parties and the control of their finances. They also select the date of elections and hear cases involving electoral crimes. Labour courts mediate in conflicts between management and workers, and military courts have jurisdiction in cases involving members of the armed forces.

Although the Brazilian judicial system has long been criticized for inefficiency, incidents of political favouritism, and widespread corruption, efforts have been made to reform it, including, most notably, the adoption in 2004 of Constitutional Amendment 45. That amendment established the principle of stare decisis, under which high courts’ decisions were to be considered binding precedents, with the intention of increasing the efficiency of lower courts. The amendment also created the National Council of Justice, an external institution to oversee compliance with judicial rules and to consider complaints against judges. Within the country’s prisons, harsh and overcrowded conditions have often incited mass escape attempts and riots, during which many prisoners have been killed.