THE TJDFT`S COMPETENCE IN FEDERAL TERRITORY

VIRTUALITY AND EFFICIENCY OF JURISDICTIONAL PROVISION

Abstract

The Federal District and Territories` Court has jurisdiction that differs from state courts in Brazil. It ordinarily retains jurisdiction over potential and future federal territories. Research related to Constitutional Law, in macro terms, the study aims to unravel the classification of this competence, as it is remote and deferred; furthermore, the research seeks to answer how the jurisdictional provision would fulfill its effectiveness in view of the distances that may appear between federal territories and the relevant appeal level, from the perspective of those under jurisdiction. The techniques of administrative decentralization that may be found in the Court of Justice of the Federal District and Territories` Internal Regulations, combined with the remote provision of jurisdiction, may, therefore, face challenges to the needs of specific cases and the personal presence of parties in the process. Finally, the research brings the operating regime of the Federal District and Territories` Court along the Federal Justice in the federal territories, in order to enforce the delimitation given by the Federal Constitution. The structure of the aforementioned bodies, in the given space, brings jurisdictional measures whose competence is unique in Brazil. In this underlined context, the research adopts a deductive method of investigation, focusing on doctrine and normative substrate, recognizing from the outset that the brazilian doctrine and its jurisprudence on federal territories are not robust; jurisprudence on the subject, even less. In conclusion, a concentration of solutions is reached on the aspects of the court's actions in federal territories, accompanied by their unique aspects.