Judicial Organisation and Court Administration
Core concepts
Judicial organisation defines the structure, competence and functioning of courts. Courts are independent and subject only to the law. The system includes first-instance courts, courts of appeal and the Supreme Court, plus specialised courts (administrative, labour, family, military) and the Constitutional Court for constitutional matters. The Superior Council of the Judiciary (Conselho Superior da Magistratura Judicial) handles appointment, discipline and career of judges.
Court administration covers case management, registries, distribution of cases, hearings scheduling and statistics. Candidates should know the roles of the judge, prosecutor, clerk (escrivão) and bailiff, and the rules on distribution and disqualification.
Traps
- Confusing the Supreme Court with the Constitutional Court.
- Assuming the Public Prosecutor's Office is part of the judicial hierarchy.
- Mixing disqualification (impedimento) with suspicion (suspeição).
- Forgetting the role of the Superior Council in judicial careers.
Rule of thumb
For competence questions, identify the matter, the value and the territory; the court with all three is competent.
Worked example
A dispute over an administrative act falls to the administrative courts, not the civil courts, regardless of the value.