Brazilian Court System: From First Instance to STF

You received a legal document in Brazil, a court summons, a notice from a lawyer, or a ruling you do not understand, and now you are asking a simple question: which court is handling my case, and what happens next? If you come from a Common Law country, the Brazilian court system can feel like a maze written in a language you never studied.

Here is the short answer. Brazil uses a Civil Law system with a clear hierarchy of four main levels. A case starts at the first instance (a single judge), can be appealed to a second instance court (the TJ or TRF), then in specific situations to the Superior Court of Justice (STJ) in Brasília, and finally, only on constitutional questions, to the Supreme Federal Court (STF).

Understanding this ladder matters because it tells you how long your case may take, how much it may cost, and whether an appeal is even possible. Some matters end at the first instance. Others can travel for years across the whole structure. In this guide we break down each level in plain English, with real costs in 2026 and practical examples for foreigners living, investing, or doing business in Brazil.

How Is the Brazilian Court System Structured?

The Brazilian judiciary is organized in four main levels: first instance, second instance (TJ or TRF), the Superior Court of Justice (STJ), and the Supreme Federal Court (STF). Under the Brazilian Constitution of 1988, most cases follow this appellate path, and only constitutional matters reach the STF.

Brazil follows a Civil Law tradition (Roman-Germanic), not Common Law. Judges apply codified statutes rather than relying primarily on binding precedent. That said, “súmulas vinculantes” (binding summaries) issued by the STF do bind lower courts, so the system has adopted some precedent-based features over time.

Foreigners will most commonly encounter two parallel systems. State Justice (Justiça Estadual) handles most civil, family, property, criminal, and consumer disputes, ending at the Tribunal de Justiça (TJ) of each state. Federal Justice (Justiça Federal) handles cases involving the Union and federal agencies, ending at the Tribunal Regional Federal (TRF).

There are also three specialized branches: Labor Courts (Justiça do Trabalho), which end at the Superior Labor Court (TST); Electoral Courts (Justiça Eleitoral), ending at the TSE; and Military Courts (Justiça Militar), ending at the STM.

If you are still setting up your life in Brazil, review our full Moving to Brazil guide for foreigners on CPF, visas and documents before any legal dispute even arises.

Brazilian court system: What Happens at the First Instance in Brazil?

The first instance (Primeira Instância) is where every case begins. A single judge (juiz de direito in state courts, juiz federal in federal courts) hears the evidence, reads the arguments, and issues the first decision, called a “sentença”. Most disputes are decided here first, and many end here.

State first instance cases are heard in local courthouses (the “Fórum”), organized into “Varas” (specialized chambers). You may see a Vara Cível (civil), Vara de Família (family), Vara Criminal (criminal), or a Juizado Especial (small claims). Federal first instance cases go to Varas Federais and Juizados Especiais Federais (JEF).

For foreigners, the Small Claims Court (Juizado Especial Cível) is often the most relevant entry point. It handles disputes up to 40 minimum wages, using the federal minimum wage as the reference for the ceiling. For claims up to 20 minimum wages, you can file without a lawyer, which keeps costs low for straightforward consumer or contract problems.

The judge at this level examines both facts and law. This is your one guaranteed chance to present witnesses, documents, and expert reports. Higher courts generally will not re-examine the facts, so building a strong record at the first instance is critical. This is where a good lawyer earns their fee.

What Is the Second Instance (TJ and TRF)?

The second instance is the appellate level, where a panel of judges (desembargadores) reviews the first-instance decision. In State Justice this is the Tribunal de Justiça (TJ) of each state; in Federal Justice it is the Tribunal Regional Federal (TRF). Appeals here are decided collectively, not by a single judge.

When a party disagrees with the “sentença”, the main appeal is the “apelação”. A group of appellate judges then re-examines the case, reviewing both the facts and the application of the law. They can confirm, modify, or completely reverse the first decision. This collective review is a core protection in the Brazilian system.

Brazil has 27 state Tribunais de Justiça (one per state plus the Federal District) and five Tribunais Regionais Federais covering different regions of the country. Which TRF hears your federal appeal depends on where the case originated.

The second instance is the last level where the facts of your case are fully reviewed. This is a decisive point in the hierarchy. After the TJ or TRF rules, the higher courts (STJ and STF) will look only at legal questions, not at whether the evidence was weighed correctly.

What Does the Superior Court of Justice (STJ) Do?

The Superior Court of Justice (Superior Tribunal de Justiça, STJ) is the guardian of federal (infra-constitutional) law. Based in Brasília, it standardizes how federal statutes are interpreted across the whole country. You reach it through a “recurso especial” (REsp), but only after fully exhausting the second-instance appeals.

The STJ does not re-examine facts or evidence. Its job is to ensure that federal laws (like the Civil Code, the Consumer Protection Code, or the Migration Law) are applied consistently, so a case in São Paulo is decided the same way as an identical case in Bahia.

The requirement to exhaust the ordinary instances is well settled. In a repetitive special appeal, the STJ reaffirmed that it acts as a court of superposition, hearing cases only after a second-instance court (TJ or TRF) has ruled. You cannot skip the TJ or TRF and go straight to the STJ.

In the specialized Labor branch, the equivalent top court is the TST. Its Súmula 422 confirms that the TST acts as an extraordinary instance, receiving labor cases already decided by the Regional Labor Courts (TRTs). You can consult these decisions on the TST jurisprudence portal.

Reaching the STJ is not automatic. The recurso especial must meet strict admissibility rules, and many appeals are rejected before they are even judged on the merits. This is why the vast majority of cases in Brazil never travel this far up the ladder.

What Is the Role of the Supreme Federal Court (STF)?

At the very top of the pyramid sits the Supreme Federal Court (Supremo Tribunal Federal, STF). It is the most powerful court in Brazil, and its primary mission is to protect the Constitution of 1988. You reach it through a “recurso extraordinário” (RE), and only when a genuine constitutional question is at stake.

The STF has 11 justices (ministros). It handles two broad types of work: reviewing constitutional questions that arrive on appeal (through the RE), and deciding direct constitutional actions such as the Ação Direta de Inconstitucionalidade (ADI), which challenges the validity of a law itself.

Two important STF rulings clarify its position. In RE 573.232 (recognized as general repercussion), the STF held that the recurso extraordinário is not a tool to re-analyze facts and evidence, but to protect the Constitution after the ordinary instances are exhausted. In RE 598.365, it confirmed that “prequestionamento” (prior examination of the constitutional matter by the lower courts) is required before an RE can be filed.

The STF has decided landmark cases that shape daily life in Brazil. Examples include ADI 4277 and ADI 3510, which addressed major social and bioethics questions, and RE 635659, on personal drug possession. You can search these on the official STF portal.

Since a 2004 constitutional reform, the RE also requires “repercussão geral” (general repercussion): the constitutional issue must matter beyond the specific parties. This filter dramatically limits how many cases the STF actually hears, keeping it focused on questions of national importance.

How Do the Court Levels Compare?

Each level has a distinct role, from reviewing full evidence to deciding only constitutional questions. The table below summarizes what each court does, who decides, and what type of appeal moves your case upward through the Brazilian judiciary.

Level	Court	Who Decides	Reviews Facts?	Appeal to Reach It
First Instance	Vara (state) / Vara Federal	Single judge	Yes, fully	Initial lawsuit (petição inicial)
Second Instance	TJ (state) / TRF (federal)	Panel of desembargadores	Yes, fully	Apelação
Superior Court	STJ (also TST for labor)	Panel of ministros	No, law only	Recurso especial (REsp)
Supreme Court	STF	11 ministros	No, Constitution only	Recurso extraordinário (RE)

Which Court Path Should You Expect as a Foreigner?

Your court path depends on the type of dispute. Immigration and tax cases go through Federal Justice (Vara Federal, then TRF). Family, rental, consumer, and property disputes go through State Justice (Vara, then TJ). Employment issues go through Labor Courts, ending at the TST.

Here is how common expat situations map onto the hierarchy:

• Visa or CRNM dispute, deportation, naturalization denial: Federal Justice. First instance in a Vara Federal, appeal to the TRF.
• Tax assessment from the Receita Federal: Federal Justice, same path.
• Divorce, child custody, inheritance: State Justice. Vara de Família, appeal to the TJ.
• Rental dispute, consumer complaint, small debt: State Justice, often the Juizado Especial Cível (small claims).
• Unpaid wages or unfair dismissal (as an employee or employer): Labor Courts (Vara do Trabalho), appeal to the TRT, then possibly the TST.

If you are an investor or entrepreneur, most commercial disputes start in a Vara Cível or a specialized business chamber (Vara Empresarial in some states). Before doing business, you will need proper documentation, and many company registrations require a fiscal address in Brazil to open a CNPJ. Getting the foundation right reduces the risk of ending up in court later.

What Do Court Cases Actually Cost in Brazil in 2026?

Court costs in Brazil vary by state and by the value of the claim (valor da causa). Filing fees (custas judiciais) are often calculated as a percentage of that value, and lawyer fees are separate. A small claims case can be nearly free, while a high-value civil dispute can cost tens of thousands of reais.

To make this concrete, here are realistic 2026 scenarios. Exact percentages differ by state, so treat these as illustrative estimates, not fixed figures.

• Small claims (Juizado Especial): A dispute over R$ 6,000 often has no filing fee at the first instance, and you can act without a lawyer for claims up to 20 minimum wages.
• Mid-size civil case: A claim valued at R$ 150,000 might incur filing fees in the range of R$ 3,105 to R$ 6,210 depending on the state, plus lawyer fees agreed separately.
• High-value dispute: A claim of R$ 2,000,000 could generate filing costs well above R$ 20,000, and appeals to the TJ, STJ, or STF add further fees and expert costs.

What Changed in 2026 for the Brazilian Courts?

In 2026, the biggest ongoing change is the continued expansion of electronic litigation. Nearly all Brazilian courts now operate through digital case files (processo eletrônico), and virtual hearings remain common. This directly benefits foreigners, who can follow and even attend proceedings remotely.

The trend toward binding precedent also continues to strengthen. Through repetitive appeals (recursos repetitivos) at the STJ and general repercussion (repercussão geral) at the STF, the higher courts increasingly set theses that lower courts must follow. This makes outcomes more predictable, but also raises the bar for reaching the top courts.

Case backlogs remain a real challenge. The Brazilian judiciary handles tens of millions of pending cases, and delays of several years across the full hierarchy are still normal. The push for digitalization and mediation aims to reduce this, but expat clients should still plan for long timelines.

How Can You Track Your Case Through the Court System?

You can track your Brazilian case online for free using its process number (número do processo), a 20-digit code in the format 0000000-00.2026.8.24.0000. Each court publishes case movements on its website, and national portals like the CNJ let you search across jurisdictions.

Follow these steps to stay informed:

• Step 1: Get your process number from your lawyer or from the initial court document.
• Step 2: Identify the court. The digits after the year (for example, 8.24) indicate the branch and the state, telling you whether it is State or Federal Justice.
• Step 3: Search on the relevant tribunal website (the TJ of your state, the TRF for your region) or on the national consultation tool at the National Council of Justice (CNJ).
• Step 4: Review the case movements (andamentos), which log each decision, deadline, and hearing.
• Step 5: For higher-court appeals, check the STJ portal or the STF portal to confirm whether your recurso was admitted.

The documents you will typically need to file or defend a case include your CPF, your RG or CRNM, and any foreign documents that require an apostille and sworn translation. If your paperwork comes from abroad, read our guide on apostille and sworn translation in Brazil, with 2026 costs and steps so your evidence is accepted.

Realistically, budget generous timelines. A first-instance decision can take 1-2 years, a second-instance appeal another 1-3 years, and reaching the STJ or STF can add several more. Set your expectations accordingly and keep in touch with your lawyer at each stage.

Frequently Asked Questions

Do I need a lawyer to appeal to the STJ or STF?

Yes. While small claims cases up to 20 minimum wages can be filed without a lawyer at the first instance, any appeal to the Superior Court of Justice (STJ) or the Supreme Federal Court (STF) requires a lawyer registered with the OAB (Brazilian Bar Association). These appeals have strict technical admissibility rules (like prequestionamento and repercussão geral) that are almost impossible to meet without specialized legal knowledge. In practice, many appeals to these courts fail on formal grounds before the merits are even considered, which is exactly why professional representation is essential at this level.

Can my case go straight to the Supreme Court (STF)?

Generally no. For appeals, you must exhaust the ordinary instances first: the first instance, then the second instance (TJ or TRF). Only after that, and only if a genuine constitutional question with general repercussion exists, can you file a recurso extraordinário to the STF. The STF confirmed this logic in RE 573.232 and RE 598.365. The one exception is a narrow set of original actions (like the ADI, which challenges a law directly) that certain authorities can file straight at the STF. An ordinary private dispute cannot skip the ladder.

Which court handles my immigration or visa dispute?

Federal Justice. Because immigration matters involve federal agencies such as the Federal Police, your case starts in a Vara Federal (first instance), with appeals going to the Tribunal Regional Federal (TRF) for your region. This applies to CRNM problems, visa denials, deportation proceedings, and naturalization refusals. If a constitutional right is at stake, the case could theoretically reach the STF, but most immigration disputes are resolved at the federal first or second instance. A lawyer experienced in Federal Justice and immigration law is your best route here.

How long does a case take across the whole hierarchy?

It varies widely, but you should plan for years, not months. A first-instance decision often takes 1-2 years. A second-instance appeal at the TJ or TRF can add another 1-3 years. If the case reaches the STJ or STF, expect several more years. Brazil’s judiciary carries a large backlog, so delays are normal. Some matters, especially in small claims court, resolve much faster, sometimes within about 6 months. Electronic litigation has sped things up, but realistic patience remains essential when navigating the full appellate path.

Are STF decisions binding on lower courts?

Some are. Brazil is a Civil Law country, so judges primarily apply written statutes rather than precedent. However, the STF can issue “súmulas vinculantes” (binding summaries) that all lower courts and public administration must follow. Decisions made under general repercussion (repercussão geral) and, at the STJ, under repetitive appeals also bind lower courts on the same legal issue. This hybrid model means that while Brazil is not a Common Law system, precedent from the top courts increasingly shapes how identical cases are decided nationwide, making outcomes more predictable.

What is the difference between the STJ and the STF?

The STJ protects federal (infra-constitutional) law, such as the Civil Code and the Migration Law, ensuring these statutes are interpreted consistently across Brazil. You reach it through a recurso especial (REsp). The STF protects the Constitution itself, reached through a recurso extraordinário (RE) or direct constitutional actions like the ADI. Put simply: if your argument is that a lower court misapplied a federal law, that is STJ territory. If your argument is that a decision or law violates the Constitution, that is the STF. They sit at different peaks of the same judicial system.

Navigate the Brazilian Court Hierarchy With Confidence

Facing the Brazilian court system as a foreigner can feel overwhelming, especially when the process is in Portuguese, the timelines are long, and one wrong procedural step can cost you the case. You do not have to navigate this alone. Our bilingual legal team at Ribeiro Cavalcante Advocacia guides expats, investors, and international families through every level of the judiciary, from the first instance to the STF, in clear English.

Whether you need to file a claim, defend against one, appeal a decision, or simply understand where your case stands, we can help you build the right strategy from the start.

Before any dispute reaches court, make sure your documents and status are in order by reviewing our complete guide on how to get a CPF for foreigners via embassy or online.