Superior Court of Justice (STJ): what it does, how to appeal and how to reach it

The Superior Tribunal de Justiça (STJ), Brazil's Superior Court of Justice, is the highest instance of the Brazilian judiciary at the infraconstitutional level. Created by the Federal Constitution of 1988 and established the following year, it is the Court responsible for unifying the interpretation of federal law throughout the country.

Its decisions influence all aspects of the daily life of citizens, most involving cases within the jurisdiction of the so-called Justiça Comum (ordinary courts).

What the STJ decides

The STJ is responsible for the definitive resolution of civil and criminal cases that do not involve constitutional matters, which are reserved for the Supremo Tribunal Federal (STF), the Federal Supreme Court, nor issues pertaining to the specific scope of the Justiça do Trabalho (Labor Courts), the Justiça Eleitoral (Electoral Courts) or the Justiça Militar (Military Courts).

The STJ is also responsible for the review of judicial decisions issued abroad, including letters rogatory, requests for the recognition of foreign judgments and lawsuits contesting sentences rendered outside the country.

How the STJ is composed

The STJ is composed of at least 33 ministers appointed by the President of the Republic, after approval by an absolute majority of the Senado Federal, from among Brazilians over 35 and under 65 years of age, of notable legal knowledge and unblemished reputation.

One-third is composed of judges from the Tribunais Regionais Federais (Federal Regional Courts), one-third of desembargadores from the Tribunais de Justiça (state courts of appeal), and one-third, in equal parts, of lawyers and members of the Ministério Público.

Recurso Especial: the main gateway to the STJ

The main gateway to the STJ is the Recurso Especial (REsp, special appeal), provided for in art. 105, III, of the Federal Constitution. It is applicable when the appealed decision:

• contradicts a treaty or federal law, or denies its effectiveness;
• judges valid an act or local government law contested against a federal law; or
• grants federal law an interpretation divergent from that assigned by another court.

The appeal does not serve to re-examine facts and evidence. Its purpose is strictly legal, focused on the correct application of federal legislation.

The deadline to file a Recurso Especial is 15 business days, counted from the publication of the appealed decision. The federal matter must have been pre-questioned in the lower instance, that is, debated and decided by the court of origin, failing which the appeal will not be admitted.

How to access the STJ

The STJ does not receive first-instance lawsuits. It is accessed through an appeal, filed within the original case file, before the president or vice-president of the Tribunal de Justiça or the Tribunal Regional Federal that rendered the decision. If the appeal is not admitted at the origin, an Agravo em Recurso Especial may be filed, directed to the STJ to unlock the appeal. The assistance of a lawyer is mandatory.

STJ Ombudsman: complaints, suggestions and praise

For administrative manifestations about the services provided by the Court (complaints, suggestions, criticism or praise), the channel is the STJ Ombudsman (Ouvidoria). It can be reached:

• through the form at www.stj.jus.br/ouvidoria;
• by letter (SAFS, Quadra 6, Lote 1, Trecho III, Brasília/DF, CEP 70.095-900);
• in person, at the Citizen Service Center (Central de Atendimento ao Cidadão, from 11 a.m. to 7 p.m.);
• through Disque-Cidadania, (61) 3319-8888, available 24 hours.

The Ombudsman does not process anonymous reports and does not handle legal issues related to the merits of cases or the exercise of citizen rights. For these, the path is through appeal.

Why knowing the STJ matters

To know the STJ is to understand that federal law has a unifying instance throughout the national territory. For those litigating in the Justiça Comum, state or federal, the STJ is the final word on infraconstitutional matters.

Knowing that the Recurso Especial does not re-examine evidence, requires pre-questioning and has a 15-business-day deadline prevents a legitimate right from being lost due to procedural error. And knowing the STJ Ombudsman is knowing that an administrative channel exists to demand efficiency from the Court itself, distinct from the appellate route but equally relevant for the exercise of citizenship.

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