State Court of Justice (TJ): what it is and how to file an appeal

The State Court of Justice (Tribunal de Justiça, TJ) is the second-instance body of the state judiciary, made up of appellate judges (desembargadores), with the power to review decisions of first-instance judges. There are 27 TJs, one in each federative unit.

If a citizen disagrees with a state judge's ruling, they can appeal to the TJ so the case is re-examined by the desembargadores. The TJ also hears, at original jurisdiction, certain actions against persons with special forum privileges, as defined in the State Constitution and the Judicial Organization Law.

How the TJ works: appeals

The TJ acts mainly through appeals: apelação, agravo de instrumento, embargos de declaração and recurso especial, among others. Each appeal has its own deadline, requirements and grounds, defined in the Code of Civil Procedure.

The TJ's decision may reverse, annul or uphold the contested ruling. In some cases, the judgment extends to examining the merits of the case directly.

What the TJ does not receive

The TJ does not receive first-instance actions, except in cases of original jurisdiction. Citizens who want to sue a company, a neighbor or a service provider must go to the Civil Court (Vara Cível) of the district where they live or where the event occurred. The TJ is involved later, if there is disagreement with the ruling.

How to bring a case to the TJ

Citizens cannot go directly to the TJ to start a lawsuit. It is reached through an appeal, filed in the original case, within the legal deadline and meeting the required formalities.

The appeal is filed with the court that issued the ruling and then sent to the TJ, where it is assigned to one of the competent chambers or panels. A lawyer is mandatory, except where free legal aid is provided through a public defender. Progress can be tracked by case number in the state courts' systems.

Why the TJ's role matters

Knowing the TJ's role means understanding that the state judiciary has two instances and that the right to appeal is a constitutional guarantee. For those who lost at first instance, the TJ is the chance for review. For those with a case under original jurisdiction, the TJ is the natural court.

Knowing which path to follow keeps citizens from filing an appeal in the wrong place, missing the deadline or failing to exercise a procedural right out of unfamiliarity with the process.

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