Superior Labor Court

Superior Labor Court
Superior Labor Court
Tribunal Superior do Trabalho
	15°48′41″S 47°52′05″W / 15.81139°S 47.86806°W
Established	18 September 1946; 78 years ago
Location	Brasília, Federal District, Brazil
Coordinates	15°48′41″S 47°52′05″W / 15.81139°S 47.86806°W
Composition method	Presidential nomination with Senate confirmation
Authorised by	Constitution of Brazil
Appeals to	Supreme Federal Court
Appeals from	Regional Labor Courts
Judge term length	Life tenure (mandatory retirement at age 75)
Number of positions	26
Website	www.tst.jus.br
President
Currently	Lelio Bentes Corrêa
Since	13 October 2022
Vice President
Currently	Aloysio Corrêa da Veiga
Since	13 October 2022

The Superior Labor Court (Portuguese: Tribunal Superior do Trabalho, TST), is the highest Brazilian appellate court for labor law issues. Its headquarters are located in Brasilia, near the American Embassy.

It is one of the five high courts in Brazil, the highest instance in the Brazilian federalized labor courts system, which includes the Regional Labor Courts (Tribunais Regionais do Trabalho - TRT's), at common appeal level, and the Trial Labor Courts (Varas do Trabalho) in the first instance.

History

The origin of the court was the National Labor Council, created in 1923, which was a part of the executive branch, subordinated to the Ministry of Agriculture, Industry and Commerce.^[1]

In 1946, the council was transformed into the Tribunal Superior do Trabalho. The Brazilian Constitution adopted that year recognized the TST as part of the judiciary branch, no longer subordinated to the executive. That status was retained by all subsequent constitutions.

Since its origins, the court was integrated by both effective Ministers and temporary class Ministers. The effective Ministers (nicknamed "togados" after the distinctive robes - "togas" - which they wear) were considered magistrates for all legal prerogatives, while the Temporary Classist Ministers ("classistas"), paritary representatives of both employers and employees ("classes"), were appointed for a fixed term (usually three years) and had fewer powers and prerogatives. The classist ministers were abolished by a constitutional amendment in 1999, leaving only the effective ministers.

Composition

By the actual legislation,^[2] the Court is integrated by 27 members, entitled Ministers (Ministros), pointed by the President of Brazil. The nomination only occurs after the approval of the Senate. All the nominated members must be at least 35 and no more than 65 years old, must have Brazilian nationality and moral integrity, plus all the requirements to enter in a public service career (e.g. having fulfilled military conscription and electoral duties).

There are three positions reserved for lawyers, indicated by the Order of Attorneys of Brazil (the official Bar association), three for members of the Public Ministry, and the remaining 21 for career judges of the Regional Labor Courts.

In relation to other courts

The 92 courts of the Brazilian judiciary
v t e	State		Federal
Superior courts		0	Supreme Federal Court STF	1
Superior courts		0	Federal superior courts STJ TSE TST STM	4
Common justice	Court of Justice TJ	27	Federal Regional Courts TRF1 .. TRF6	6
Specialized justice	Court of Military Justice^[pt]	3	Electoral Justice Courts TRE	27
Specialized justice	TJM	3	Regional Labor Courts TRT	24
Total ^[3]^[4]^[5]		30		62

References

^ Do CNT ao TST - Breve Histórico(portuguese)
^ Art. 111-A of the Brazilian Constitution of 1988, with the text of the 45th amendment, of 2004 (portuguese)
^ "O Brasil tem 91 tribunais - Para Entender Direito" [Brazil has 91 courts - Understand the Law]. Folha de S. Paulo (in Portuguese). 20 October 2010. Archived from the original on 3 September 2015.
^ DataSelf (8 January 2021). "Conheça as diferenças e funções dos tribunais brasileiros" [Know the differences and functions of the Brazilian courts] (in Portuguese). DataSelf. Retrieved 28 June 2023.
^ Conselho Nacional de Justiça. "Tribunais - Portal CNJ" [Courts - CNJ Portal]. National Council of Justice (in Portuguese). Retrieved 28 June 2023.

External links

Official website (Portuguese)

[1] Do CNT ao TST - Breve Histórico(portuguese)

[2] Art. 111-A of the Brazilian Constitution of 1988, with the text of the 45th amendment, of 2004 (portuguese)

[3] "O Brasil tem 91 tribunais - Para Entender Direito" [Brazil has 91 courts - Understand the Law]. Folha de S. Paulo (in Portuguese). 20 October 2010. Archived from the original on 3 September 2015.

[4] DataSelf (8 January 2021). "Conheça as diferenças e funções dos tribunais brasileiros" [Know the differences and functions of the Brazilian courts] (in Portuguese). DataSelf. Retrieved 28 June 2023.

[5] Conselho Nacional de Justiça. "Tribunais - Portal CNJ" [Courts - CNJ Portal]. National Council of Justice (in Portuguese). Retrieved 28 June 2023.

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