Candeia’s Justice system is provided for in the Constitutional Proposal and has not yet been established. This page explains the architecture and safeguards without presenting courts, judges or proceedings as already existing.
An internal dispute enters through the competent instance, may proceed on appeal and, if a constitutional question arises, reach the Constitutional Court. The route depends on the type of dispute, not on who is involved.
Four constitutional layers
| Layer | Function |
|---|---|
| First instance | Hears cases according to legal jurisdiction and the natural-judge guarantee. |
| Courts of appeal | Review decisions when an appeal is available. |
| Supreme Court | Final instance of ordinary jurisdiction and harmonisation of the law. |
| Constitutional Court | Final judicial authority on the Constitution. |
Why parallel courts are prohibited
A specialised chamber may exist, but it must form part of the ordinary structure and follow general criteria. It cannot be created after a controversy arises to remove the case from its natural judge, nor be used to circumvent the final jurisdiction of the higher courts.
Administering a court is not controlling its decisions
Career administration, budget, discipline, technology, assignments or workload cannot be used to manufacture a judicial outcome. The National Council of Justice administers institutional safeguards without being able to tell a judge how to decide a specific case.
Current state
The constitutional proposal defines the architecture; it does not prove that these instances are established today. Names of judges, lists of chambers, dockets, statistics or statutory jurisdiction will not be invented before real legislation and establishment.
