Federal Courts in Brazil: what they hear, how they are organized and how to file

The Federal Courts (Justiça Federal) are not a specialized branch of the judiciary, like the Labor or Electoral Courts. They are the Union's ordinary courts, structured to try and decide cases in which the Union, its agencies (autarquias) and federal public companies appear as plaintiffs, defendants, assistants or opposing parties.

Whenever a federal interest is involved, whether an INSS benefit, a lawsuit against Caixa Econômica Federal, a dispute over Union funds or a crime against the national financial system, jurisdiction tends to lie with the Federal Courts.

What the Federal Courts hear

The constitutional basis is Article 109 of the Federal Constitution, which lists the cases within federal judges' jurisdiction. They include:

• cases based on a treaty or contract between the Union and a foreign State or international organization;
• political crimes and criminal offenses committed against the goods, services or interests of the Union;
• crimes provided for in international treaties or conventions;
• cases relating to human rights;
• crimes against the organization of labor and against the financial system;
• disputes over Indigenous rights.

What the Federal Courts do not hear

The Constitution itself sets out the exceptions. Bankruptcy cases, workplace accident cases and cases subject to the Electoral Courts and the Labor Courts are outside the Federal Courts' jurisdiction.

This means, for example, that a strictly labor dispute, even one involving a federal company, tends to be heard by the Labor Courts, not the Federal Courts.

How the Federal Courts are organized

The Federal Courts have two instances. At first instance are the Federal Courts (Varas Federais), spread across the Judicial Sections of each State and the Judicial Subsections in the interior.

At second instance are the Regional Federal Courts (Tribunais Regionais Federais, TRFs), currently six, headquartered in Brasília (1st Region), Rio de Janeiro (2nd Region), São Paulo (3rd Region), Porto Alegre (4th Region), Recife (5th Region) and Belo Horizonte (6th Region).

The TRFs hear appeals from cases decided by first-instance federal judges. They also have original jurisdiction over actions against federal judges themselves, writs of mandamus and habeas data against acts of the Court or of a federal judge, and conflicts of jurisdiction between federal judges in the same region.

The Federal Justice Council (Conselho da Justiça Federal, CJF) is the central body for the Federal Courts' systemic activities, with administrative and budgetary oversight and disciplinary powers whose decisions are binding on all units of the Federal Courts.

The Federal Small Claims Court (JEF)

For lower-complexity cases, the Federal Courts have the Federal Small Claims Courts (Juizados Especiais Federais, JEFs), with jurisdiction to process, decide and conciliate claims of up to 60 minimum wages. In criminal matters, the JEFs hear offenses of lesser offensive potential, with a maximum sentence of up to 2 years.

The main advantage of the JEF is easy access: a lawyer is not mandatory to file a case at first instance. Citizens can make the atermação (having their claim drawn up) directly at the court or through the Online Atermação Service (SAO), presenting ID, CPF taxpayer number, proof of residence and the documents supporting the claim. If there is an appeal, however, a lawyer or public defender becomes mandatory.

How to look up a case in the Federal Courts

Case progress can be checked publicly by case number, party name or CPF in the TRFs' systems. To access the full case file, an access key is needed, which can be requested from the responsible Federal Court.

How to file a complaint about delay or a judge's conduct

If the problem is not the merits of the case but unjustified delay or the conduct of a federal judge, the channel is the Inspector General's Office of the Federal Courts (Corregedoria-Geral da Justiça Federal), attached to the CJF. A Representation for Excessive Delay must be filed as a petition supported by documents proving the delay, addressed to the Inspector General. The processing period is 40 business days, extendable by up to 90 days in case of suspension.

Since 2021, all disciplinary proceedings against federal judges must go through the PJeCor system, accessible by digital certificate or login and password. The CJF Ombudsman's Office also receives information requests, criticism, suggestions and complaints about the Federal Courts' institutional activities.

Why knowing federal jurisdiction matters

Knowing the Federal Courts' jurisdiction keeps a legitimate claim from getting lost in the wrong channel and prevents a case from being filed in the wrong court, which leads to dismissal without a ruling on the merits.

For workers, INSS beneficiaries, consumers of federal public services and compliance professionals, telling the Federal Courts apart from the State Courts, the Labor Courts and the Small Claims Court is the first step to effective access to justice.

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