Competências dos Tribunais de Justiça

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Quais são as competências dos Tribunais de Justiça? Você sabe como modificá-las?

CF:

Art. 125. Os Estados organizarão sua Justiça, observados os princípios estabelecidos nesta Constituição.

§ 1º A competência dos tribunais será definida na Constituição do Estado, sendo a lei de organização judiciária de iniciativa do Tribunal de Justiça.

§ 2º Cabe aos Estados a instituição de representação de inconstitucionalidade de leis ou atos normativos estaduais ou municipais em face da Constituição Estadual, vedada a atribuição da legitimação para agir a um único órgão.

§ 3º A lei estadual poderá criar, mediante proposta do Tribunal de Justiça, a Justiça Militar estadual, constituída, em primeiro grau, pelos juízes de direito e pelos Conselhos de Justiça e, em segundo grau, pelo próprio Tribunal de Justiça, ou por Tribunal de Justiça Militar nos Estados em que o efetivo militar seja superior a vinte mil integrantes.

§ 4º Compete à Justiça Militar estadual processar e julgar os militares dos Estados, nos crimes militares definidos em lei e as ações judiciais contra atos disciplinares militares, ressalvada a competência do júri quando a vítima for civil, cabendo ao tribunal competente decidir sobre a perda do posto e da patente dos oficiais e da graduação das praças.

§ 5º Compete aos juízes de direito do juízo militar processar e julgar, singularmente, os crimes militares cometidos contra civis e as ações judiciais contra atos disciplinares militares, cabendo ao Conselho de Justiça, sob a presidência de juiz de direito, processar e julgar os demais crimes militares.

§ 6º O Tribunal de Justiça poderá funcionar descentralizadamente, constituindo Câmaras regionais, a fim de assegurar o pleno acesso do jurisdicionado à justiça em todas as fases do processo.

§ 7º O Tribunal de Justiça instalará a justiça itinerante, com a realização de audiências e demais funções da atividade jurisdicional, nos limites territoriais da respectiva jurisdição, servindo-se de equipamentos públicos e comunitários.

Art. 126. Para dirimir conflitos fundiários, o Tribunal de Justiça proporá a criação de varas especializadas, com competência exclusiva para questões agrárias.      

Parágrafo único. Sempre que necessário à eficiente prestação jurisdicional, o juiz far-se-á presente no local do litígio.

COPESE-UFPI (2020):

QUESTÃO CERTA: A competência dos tribunais será definida na Constituição do Estado, sendo a lei de organização judiciária de iniciativa do Tribunal de Justiça.

FGV (2020):

QUESTÃO CERTA: Após amplos debates entre as lideranças parlamentares de certo Estado da Federação, um grupo de deputados estaduais apresentou projeto de lei ampliando as competências do Tribunal de Justiça. Do processo legislativo resultou a promulgação da Lei nº XX/2018. A forma utilizada para dispor sobre as competências do Tribunal é: incorreta, pois a ampliação de suas competências deve ser disciplinada na Constituição Estadual.

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VUNESP (2009):

QUESTÃO CERTA: A competência dos Tribunais dos Estados será definida na Constituição do Estado, sendo a lei de organização judiciária de iniciativa do: Tribunal de Justiça.

CEBRASPE (2022):

QUESTÃO CERTA: A competência dos tribunais estaduais será definida na Constituição dos respectivos estados, observados os princípios estabelecidos na Constituição Federal de 1988.

VUNESP (2014):

QUESTÃO CERTA: No que tange ao controle de constitucionalidade no âmbito estadual, é correto afirmar que: cabe aos Estados a instituição de representação de inconstitucionalidade de leis ou atos normativos estaduais ou municipais em face da Constituição Estadual, vedada a atribuição da legitimação para agir a um único órgão.

FCC (2013):

QUESTÃO CERTA: Ao tratar do controle de constitucionalidade de leis e atos normativos, a Constituição Federal brasileira dispõe que: cabe aos Estados a instituição de representação de inconstitucionalidade de leis ou atos normativos estaduais ou municipais em face da Constituição Esta- dual, vedada a atribuição da legitimação para agir a um único órgão.

FGV (2023):

QUESTÃO CERTA: João, estagiário do Tribunal de Justiça do Estado Alfa, recebeu a incumbência, do seu superior hierárquico, de identificar se determinada matéria de natureza cível se inseria, ou não, no rol de competências do Tribunal de Justiça. Ao solicitar que lhe fosse informado em que diploma normativo estavam previstas essas competências, foi corretamente explicado a João que ele deveria consultar o(a): Constituição Estadual.

CF:

Art. 125. Os Estados organizarão sua Justiça, observados os princípios estabelecidos nesta Constituição.

§ 1º A competência dos tribunais será definida na Constituição do Estado, sendo a lei de organização judiciária de iniciativa do Tribunal de Justiça.

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