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Jurisdiction to judge actions against CNJ and CNMP is exclusive of the Supreme Court of Brazil

November 18th, 2020

By majority of votes, the Plenary of the Supreme Court of Brazil (STF) changed its understanding and defined, in this Wednesday's (17) session, that the competence to sue and judge ordinary actions against decisions and administrative acts of the National Council of Justice (CNJ) and the National Council of Public Prosecution (CNMP) rendered within the scope of its constitutional attributions is of the Supreme Court itself.

The jurisprudential change occurred in the joint judgment of Direct Unconstitutionality Action (ADI) 4412, of reporting by Justice Gilmar Mendes, of Petition (Pet) 4770, of reporting by Justice Luís Roberto Barroso, and Complaint (Rcl) 33459, reported by Justice Rosa Weber. The trial began in the session of november 12th, with the votes of the reporters, and ended this afternoon with the manifestation of the other ministers.

Constitutional mission

The understanding prevailed that the constitutional mission of the councils, bodies that control the Judiciary and the Public Ministry, would be compromised if their decisions, which are nationally effective, were reviewed by the same bodies that are under their supervision and oversight. The majority of the justices considered that the constitutional councils were inserted into the structure of the Judiciary and the Public Prosecutor's Office with the express competence to control the administrative, financial and disciplinary actions of their members, and it would be impracticable to submit judicial control of their decisions in this field to any body other than the Supreme Court.


At the end of the trial, the following thesis was fixed: "Under article 102, item I, line 'r' of the Federal Constitution, it is the exclusive competence of the Supreme Court of Brazil to originally prosecute and judge all decisions of the National Council of Justice and the National Council of the Public Prosecutor's Office rendered in the exercise of their constitutional powers respectively provided for in articles 103-B, paragraph 4, and 130-A, paragraph 2 of the Federal Constitution.


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