The Supreme Court of Justice (Portuguese: Supremo Tribunal de Justiça) is the highest judicial authority within the hierarchy of the courts of the Republic of Cape Verde. Headquartered in the capital city of Praia, it serves as the ultimate court of appeal for matters pertaining to civil, criminal, and administrative law.
Legal Basis and Jurisdiction
The Supreme Court of Justice is established and governed by the Constitution of the Republic of Cape Verde (specifically the 1992 Constitution and its subsequent revisions). Its primary function is to ensure the uniform application of the law throughout the country by reviewing decisions made by lower courts, including the Courts of Appeal (Tribunais da Relação) and the Courts of First Instance (Tribunais de Comarca).
While the Supreme Court previously held jurisdiction over constitutional matters, these functions were largely transferred to the Constitutional Court (Tribunal Constitucional) following its formal establishment. However, the Supreme Court remains the peak body for general jurisdiction and oversees the legality of administrative acts and the electoral process in specific capacities.
Composition and Appointment
The court is composed of a minimum of five Counselor Judges (Juízes Conselheiros). The judges are appointed through a process involving the President of the Republic and the Superior Council of the Magistracy (Conselho Superior da Magistratura Judicial).
The President of the Supreme Court of Justice is appointed by the President of the Republic from among the sitting Counselor Judges, after consulting with the Superior Council of the Magistracy. This appointment is typically for a fixed term, as defined by law.
Independence and Principles
In accordance with the principles of the separation of powers, the Supreme Court of Justice operates independently of the executive and legislative branches. Judges of the Supreme Court are subject to the principle of irremovability, meaning they cannot be dismissed, suspended, or retired except under specific circumstances established by the Constitution and the Statute of Judicial Magistrates. This independence is designed to guarantee the impartiality of the judicial system and the protection of the fundamental rights of citizens.
Institutional Role
Beyond its adjudicative functions, the Supreme Court of Justice plays a significant role in the administration of the judiciary. The President of the Supreme Court also serves as the President of the Superior Council of the Magistracy, the body responsible for the management, discipline, and appointment of judges within the Cape Verdean legal system.